IPC Section 170 and BNS Section 204: Personating a Public Servant

Personating a public servant means falsely claiming to hold a public office, or pretending to be another public servant, and acting or attempting to act under the apparent authority of that office. The current provision is Section 204 of the Bharatiya Nyaya Sanhita, 2023 (BNS); the earlier provision was Section 170 of the Indian Penal Code, 1860 (IPC).

What did IPC Section 170 provide?

Section 170 of the Indian Penal Code, 1860, titled Personating a public servant, punished a person who knowingly pretended to hold a particular public office or falsely impersonated a person holding that office, and in that assumed capacity did or attempted an act under colour of the office.

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 may extend to two years, or with fine, or with both.

Current law: Section 204 of the Bharatiya Nyaya Sanhita

Section 204 BNS preserves the central elements of the offence but increases the punishment. It applies where the accused knowingly assumes a public office or impersonates its holder and, in that assumed character, does or attempts an act purportedly exercising the office's authority.

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.

Read the official BNS text on India Code and the Ministry of Home Affairs criminal laws portal.

Essential ingredients of the offence

1. False assumption of office: The accused pretends to occupy a particular office as a public servant, or impersonates an actual holder of that office.
2. Knowledge: The accused knows that the claimed office is not held by them or that the identity being assumed is false.
3. Act under colour of office: In that assumed capacity, the accused does or attempts to do an act purporting to exercise the authority of the office.

The phrase under colour of office means acting under the appearance or pretext of official authority. A false statement alone, without the additional statutory act or attempt in the assumed character, may not establish every element of this particular offence.

IPC Section 170 compared with BNS Section 204

Is BNS Section 204 cognizable and bailable?

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under Section 204 BNS is cognizable, non-bailable and triable by any Magistrate. It is also classified as non-compoundable.

Cognizable means police may investigate without first obtaining a Magistrate's order and may arrest without warrant subject to applicable safeguards. Non-bailable means bail is not an automatic entitlement merely by classification; a competent court considers the governing bail provisions. Non-compoundable means the offence cannot ordinarily be settled by statutory compounding under the applicable schedule.

See the official NCRB BNSS offence classification and the Bureau of Police Research and Development ready reckoner.

Illustrative examples

Example 1: A person knowingly poses as a police officer and attempts to conduct a purported official inspection. This may satisfy Section 204 if the required elements are proved.

Example 2: A person falsely claims to be a government revenue officer and demands official records under the pretext of exercising that office's powers. The assumed office and purported official act may attract Section 204.

These examples are illustrative. The exact offence depends on evidence, intent, timing and any additional applicable provisions.

Difference between impersonation and wearing official insignia

Section 205 BNS, corresponding to IPC Section 171, separately addresses wearing garb or carrying tokens resembling those used by a class of public servants with the required deceptive intention or knowledge. Section 204 focuses on false assumption of a public office accompanied by an act or attempted act under its apparent authority. Depending on the facts, other offences may also be relevant.

Frequently asked questions

What is the BNS equivalent of IPC Section 170?

Section 204 of the Bharatiya Nyaya Sanhita, 2023.

What is the punishment under BNS Section 204?

Imprisonment of either description for a minimum of six months and a maximum of three years, together with a fine.

Does merely pretending to be a public servant always amount to this offence?

Not necessarily. The provision also requires an act or attempted act under colour of the falsely assumed office.

Can IPC Section 170 still be relevant?

Yes. It may remain relevant to conduct predating 1 July 2024, subject to repeal, savings and transitional rules.

Official legal references

• Bharatiya Nyaya Sanhita, 2023 - official Act PDF
• Ministry of Home Affairs - new criminal laws
• NCRB - BNS and IPC section correspondence
• NCRB - BNSS First Schedule classifications

Legal information is general in nature and not a substitute for advice on the facts of a particular case.