Bharatiya Nyaya Sanhita: Section 204 – Personating a public servant

Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to three years and with fine.

Simplified Explanation

Section 204 criminalizes the act of falsely representing oneself as a public servant. It safeguards the authority and integrity of public offices by penalizing impersonation and misuse of assumed authority.


Key Elements of Section 204

1. Applicability

This section applies to any individual who:

  1. Falsely Claims a Public Office:
    • Pretends to hold a particular office as a public servant, despite knowing they do not hold such a position.
    • Example: Claiming to be a police officer or government official when one is not.
  2. Personates a Genuine Public Servant:
    • Falsely represents oneself as another person who genuinely holds a public office.
    • Example: Impersonating a district magistrate or customs officer.
  3. Acts or Attempts to Act Under False Authority:
    • Performs or tries to perform acts under the pretense of holding such a position.
    • Example: Issuing orders, conducting inspections, or demanding money under the guise of official authority.

2. The Offense

To establish the offense, the following must be proven:

  1. Knowledge of Falsehood:
    • The offender knows they do not hold the public office they are pretending to hold.
  2. Acting in Assumed Character:
    • The offender performs or attempts to perform an act under the assumed identity of a public servant.
  3. Under Colour of Office:
    • The actions are performed as if they were legitimate exercises of official authority.

3. Punishment

  • Imprisonment: Not less than six months but may extend to three years.
  • Fine: Amount determined by the court.
  • Both: For serious offenses, a combination of imprisonment and fine may be imposed.

Objective of Section 204

  1. Preserving Public Trust:
    • Ensures that citizens can trust the authority of genuine public servants.
  2. Preventing Abuse of Authority:
    • Protects individuals from exploitation or harm caused by impersonators who misuse assumed authority.
  3. Deterring Criminal Activities:
    • Discourages acts like extortion, fraud, or intimidation carried out under the guise of official authority.

Illustrative Examples

Example 1: Impersonating a Police Officer

A person wears a police uniform and conducts “checks” to extort money from shopkeepers. This constitutes an offense under Section 204.

Example 2: False Government Inspector

An individual claims to be a food safety officer and demands bribes from restaurant owners to “approve” their premises. This falls squarely within the ambit of this section.

Example 3: Personating a Revenue Officer

A person pretends to be a revenue official and falsely collects taxes from villagers. This is a clear violation of Section 204.


  1. Mens Rea (Intent):
    • The offender must intentionally and knowingly pretend to be a public servant.
    • Mere accidental representation without knowledge does not constitute an offense.
  2. Actus Reus (Act):
    • The act of pretending to hold a public office or impersonating a public servant must be accompanied by an attempt to perform actions under assumed authority.
  3. Under Colour of Office:
    • The actions must be done under the guise of exercising official powers, even if no harm is caused.

Comparison with Prior Laws

  • Section 204 is derived from Section 170 of the Indian Penal Code, 1860, which addressed similar offenses.
  • The Bharatiya Nyaya Sanhita retains the same structure but enhances clarity and emphasizes intent.

Significance in Modern Governance

  1. Addressing Evolving Forms of Impersonation:
    • This provision is crucial in combating digital or technological impersonation (e.g., online scams where individuals claim to be government officials).
  2. Public Protection:
    • Protects individuals and entities from fraudulent demands or actions conducted by impersonators.
  3. Deterrence Against Corruption and Fraud:
    • Strengthens the accountability framework by penalizing those who exploit the authority of public offices.

Key Takeaways for Law Students

  1. Intent is Key:
    • A critical element of the offense is the offender’s knowledge that they do not hold the office they claim.
  2. Acts Under False Authority:
    • Focus on whether the impersonator performed or attempted to perform acts as part of the offense.
  3. Broader Implications:
    • Impersonation is not limited to direct personation but extends to attempts and fraudulent representations.

Conclusion

Section 204 ensures the sanctity of public offices and protects individuals from being misled or harmed by false representations. The strict penalties reflect the seriousness of the offense and its potential to erode public trust in governance.

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