Personating a public servant
Section 204 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 e The Act came into force on 01 Jul 2024.
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.
Section 204, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 170 Personating a public servant Text carried over almost unchanged 97%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| 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. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Punjab vs Prem Sarup
Decided under Indian Penal Code 170, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A police officer acquitted in a criminal prosecution does not ipso facto have immunity from departmental disciplinary proceedings on the same charges. The standard of proof differs significantly between criminal proceedings (beyond reasonable doubt) and departmental proceedings (preponderance of probability). However, to sustain departmental action after criminal acquittal, the employer must establish specific exceptions under Rule 16.3 of Police Rules 1934, such as that prosecution witnesses were won over. Where appellants fail to demonstrate that such exceptions apply or that the disciplinary authority properly examined the hostile witnesses during departmental proceedings, the disciplinary action will be upheld by appellate courts if no defects in procedure or evidence are established.
On this section: Cited regarding the charge of falsely pretending to hold office of DTO Ropar and conducting unauthorized traffic checking; respondent was prosecuted but acquitted under this section
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Shahana Parveen vs State
Decided under Indian Penal Code 170, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A woman accused of extortion and criminal intimidation is entitled to regular bail when: (1) the evidence against her consists primarily of contradictory statements of the complainant; (2) the case falls within the Arnesh Kumar guidelines suggesting procedural defects in arrest; (3) the trial is expected to take considerable time; (4) she has no prior convictions; (5) she is entitled to the statutory concession for women under Section 437(1) Proviso of Cr.P.C.; and (6) the nature of offences and circumstances do not warrant continued detention.
On this section: Personation in judicial proceedings - non-bailable offence
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 204
What have the courts held on Section 204 of the Bharatiya Nyaya Sanhita?
State of Punjab vs Prem Sarup (18 Sep 2008) is the leading judgment on this section among those set out below, though it was decided under IPC 170, which this section replaced -- the court never mentioned this Act: Cited regarding the charge of falsely pretending to hold office of DTO Ropar and conducting unauthorized traffic checking; respondent was prosecuted but acquitted under this section. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2008 to 2022.
Is Section 204 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 204 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 204 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 204, section 204 BNS, section 204 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 204 in ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with State of Punjab vs Prem Sarup (18 Sep 2008).
What should I read with Section 204 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 170 (Personating a public servant), so the judgments decided under that provision are the case law on this one.
When did Section 204 of the Bharatiya Nyaya Sanhita come into force?
Section 204 of the Bharatiya Nyaya Sanhita, cited as BNS 204, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.