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Section 204: Personating a Public Servant

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Any Magistrate
Non-Bailable
Cognizable
Formerly Sec 170 IPC
Section 203 All 358 Sections of Bharatiya Nyaya Sanhita Section 205

Legal Commentary & Landmark Judgments: Section 204

Section 204 penalises personating a public servant, punishing anyone who falsely pretends to hold any particular office as a public servant and does or attempts to do any act under colour of such office.

  • False Personation: The accused falsely represents themselves as holding an official public office which they do not in fact occupy.
  • Deceptive Demeanour: The personation must be calculated to deceive the public or specific victims into believing the office is genuine.
  • Overt Act in Colour of Office: The accused performs or attempts an act under the colour of that assumed public authority.
Key Landmark Precedents:
  • State of U.P. v. Ram Swarup (1974) 4 SCC 764: The Supreme Court clarified that mere idle boasting of influence is insufficient; there must be an overt act purporting to exercise official power under color of the assumed post.
  • R. v. Brijlal (1900) ILR 22 All 268: Held that assuming the mantle of a police or excise inspector and conducting illegal searches constitutes a complete offence of personation under this section.
Courtroom Practice & Strategic Litigation Guidance:

Prosecution must establish the overt act, such as demanding identification, searching premises, or issuing directions. Recovery of counterfeit identity badges, official stamps, or uniform paraphernalia provides vital corroboration.

Section 203 All 358 Sections of Bharatiya Nyaya Sanhita Section 205