Bharatiya Nyaya Sanhita, 2023
BNS Section 204
Personating a public servant
In one line
BNS Section 204 deals with personating a public servant and replaces IPC 170.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 204 | Personating a public servant. | Imprisonment for not less than 6 months but which may extend to 3 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 204
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.
What changed from the IPC
- IPC 170 → BNS 204: Mandatory minimum imprisonment is introduced as six months and upper limit is increased from two years to three years.
Frequently asked
What was BNS Section 204 in the IPC?
BNS Section 204 (Personating a public servant) replaces Section 170 of the Indian Penal Code, 1860. IPC 170 is now BNS 204.
What is the punishment under BNS 204?
Personating a public servant – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.
Is BNS 204 bailable?
Non-bailable: BNS 204. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 199 — Public servant disobeying direction under law
- BNS 200 — Punishment for non-treatment of victim
- BNS 201 — Public servant framing an incorrect document with intent to cause injury
- BNS 202 — Public servant unlawfully engaging in trade
- BNS 203 — Public servant unlawfully buying or bidding for property
- BNS 205 — Wearing garb or carrying token used by public servant with fraudulent intent
- BNS 206 — Absconding to avoid service of summons or other proceeding
- BNS 207 — Preventing service of summons or other proceeding, or preventing publication thereof
- BNS 208 — Non-attendance in obedience to an order from public servant
- BNS 209 — Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023