Section 204 BNS: Personating a public servant

Bharatiya Nyaya Sanhita, 2023

Section 204 BNS at a Glance

Section 204 BNS deals with personating a public servant. It is non-bailable and cognizable, triable by any Magistrate; it replaced Section 170 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which shall not be less than six months but which may extend to three years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 170 →

Section 204 BNS Bare Act Text

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.

Source: Section 204, Bharatiya Nyaya Sanhita, 2023

Section 204 BNS in Simple Words

Section 204 of the Bharatiya Nyaya Sanhita (BNS) punishes personating a public servant. It applies when someone pretends to hold a particular public office knowing that they do not hold it, or falsely personates another person who holds that office, and in that assumed character does or attempts to do any act under colour of such office.

A mere false claim of being a public servant is not enough on its own. The prosecution must also show that the accused did or attempted to do an act using the assumed authority of that office. The offence is punishable with imprisonment of either description for a term of not less than six months and up to three years, along with a fine.

Ingredients of Section 204 BNS

  • Pretending to hold a particular office as a public servant, knowing that the accused does not hold it, or falsely personating another person holding that office
  • An act, or an attempt to do an act, in that assumed character under colour of that office
  • Imprisonment of either description for not less than six months and up to three years, together with fine

Punishment Under Section 204 BNS

Imprisonment

Imprisonment of either description for a term which shall not be less than six months but which may extend to three years.

Fine

The offender is also liable to fine in addition to imprisonment.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Personating a public servant and doing or attempting an act under colour of that office carries imprisonment of either description for at least six months and up to three years, together with fine.

Example of Section 204 BNS

A man who holds no public office tells a shopkeeper that he is an officer of a particular government department, knowing that he is not. In that assumed character he orders the shopkeeper to hand over her records. He is liable under Section 204 BNS, because he pretended to hold the office and did an act under colour of it.

When Section 204 BNS Does Not Apply

  • The accused neither pretended to hold a particular office as a public servant nor falsely personated another person holding that office
  • The accused pretended to hold the office but did not do or attempt to do any act under colour of it
  • The act is wearing a garb or carrying a token used by a class of public servants, which is punished under Section 205 BNS

Section 204 BNS in the IPC (Previous Law)

Section 204 BNS replaces Section 170 IPC from the old criminal code.

Section 170 IPC is now Section 204 BNS, with the same title and the same description of the offence. The punishment is changed. Imprisonment of either description must be for not less than six months and may extend to three years, and fine is added.

View IPC Section 170 →

FAQs on Section 204 BNS

What does Section 204 of the BNS mean in simple words?▼

Section 204 BNS applies when a person pretends to be a public servant, knowing he does not hold that office, or falsely acts as some other person who holds that office. It also requires that he does or tries to do some act in that fake role under colour of that office.

What has to be proved for an offence under Section 204 BNS?▼

It must be shown that the person pretended to hold a particular public office or falsely personated someone who actually holds that office. It must also be shown that he knew he did not hold that office and that, in that assumed character, he did or attempted to do an act as if he had that authority.

Is Section 204 BNS bailable?▼

No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts, the seriousness of the allegations, and other relevant circumstances.

What is the punishment for pretending to be a public servant under Section 204 BNS?▼

The punishment under Section 204 BNS is imprisonment of either description for not less than six months and up to three years, along with fine. The bare text sets a minimum sentence of six months.

Is just claiming to be a public servant enough for Section 204 BNS to apply?▼

No. The section does not stop at a false claim alone. The bare text says the person must also do or attempt to do some act in that assumed character under colour of that office.

Have questions about Section 204 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·