Section 170 IPC: Personating a public servant

Indian Penal Code, 1860

Section 170 IPC at a Glance

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

Punishment

Imprisonment of either description for up to two years.

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

Section 204 →

Section 170 IPC Bare Act Text

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

Source: Section 170, Indian Penal Code, 1860

Section 170 IPC in Simple Words

Section 170 of the Indian Penal Code (IPC) punishes a person who pretends to hold a particular office as a public servant, knowing that he does not hold that office, or who falsely personates another person holding that office, and in that assumed character does or attempts to do any act under colour of that office.

The punishment is imprisonment of either description for up to two years, or fine, or both.

The offence is cognizable and non-bailable, and it is triable by any Magistrate.

Ingredients of Section 170 IPC

  • The accused pretended to hold a particular office as a public servant, knowing that he did not hold that office, or falsely personated another person holding that office
  • The accused was acting in that assumed character
  • In that character the accused did or attempted to do an act
  • The act was done under colour of that office

Punishment Under Section 170 IPC

Imprisonment

Imprisonment of either description for up to two years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

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

Personating a public servant carries imprisonment of either description for up to two years, or fine, or both.

Example of Section 170 IPC

In 2018 in Kochi, Vikram, an unemployed technician, went to a restaurant owned by Nair and falsely introduced himself as the municipal food safety officer for that zone, knowing that he did not hold that office as a public servant. Acting in that assumed character and under colour of that office, Vikram inspected the restaurant kitchen and attempted to seize spice samples for official testing. Because Vikram pretended to hold a particular office as a public servant knowing he did not hold it, and in that assumed character acted under colour of that office, Vikram is punishable under Section 170 IPC.

When Section 170 IPC Does Not Apply

  • The person does not claim to hold any specific public office and does not impersonate someone who holds such an office.
  • The person genuinely believes, under a mistake of fact, that he holds the public office in question.
  • The person falsely claims to hold a particular office as a public servant, but neither performs nor tries to perform any act under the authority of that office.
  • The person merely puts on a uniform or carries a badge resembling one used by a class of public servants without doing or attempting an official act under colour of a particular office, which is covered by Section 171 IPC.

Section 170 IPC in the BNS

Section 170 IPC is now covered under Section 204 BNS.

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 detailed comparison (IPC 170 vs BNS 204) →

FAQs on Section 170 IPC

What does Section 170 IPC provide?▼

It punishes a person who pretends to hold a particular office as a public servant, knowing that he does not hold it, or who falsely personates another person holding that office, and in that assumed character does or attempts to do any act under colour of that office.

What is the punishment under Section 170 IPC?▼

Imprisonment of either description for up to two years, or fine, or both.

Must the accused do an act under Section 170 IPC?▼

Yes. The accused must do or attempt to do an act, in the assumed character, under colour of the office.

How does Section 170 IPC differ from Section 171 IPC?▼

Section 170 IPC punishes pretending to hold an office as a public servant, or falsely personating the holder, and acting under colour of that office. Section 171 IPC punishes a person not belonging to a class of public servants who wears a garb or carries a token resembling one used by that class, with the intention or knowledge that he may be believed to belong to it.

Is an offence under Section 170 IPC cognizable and bailable?▼

It is cognizable and non-bailable.

Which court tries an offence under Section 170 IPC?▼

Any Magistrate.

Can an offence under Section 170 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 170 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 204 BNS, where the punishment is stricter.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·