Personating a Public Servant Under the BNS (Section 204): IPC 170 Mapping (2026)
What personating a public servant means under Section 204 of the Bharatiya Nyaya Sanhita, 2023, the old IPC 170 it replaced, the new minimum sentence, and the punishment and classification. Last verified October 2026.
Explainer · Criminal Law · BNS
A person poses as a police officer to search a house, or as a government inspector to demand money, or as an official to pass an order. The pretence of public authority is powerful, because people obey it. The law treats this kind of impersonation as a serious offence, and the new code has raised the stakes. This explainer sets out the provision in plain terms: its section number under the Bharatiya Nyaya Sanhita, 2023 (BNS), the old Indian Penal Code (IPC) section it replaced, the new minimum sentence, and the punishment. Last verified October 2026.
- What it is: pretending to hold a public office, or personating a public servant, and acting under that false authority.
- New section: Section 204 of the BNS, 2023.
- Old section: it replaced Section 170 of the IPC.
- Punishment: imprisonment not less than six months and up to three years, and a fine.
- Classification: cognizable, non-bailable, triable by any Magistrate (confirm against the BNSS First Schedule).
01The problem this section addresses
Public authority commands obedience. When a fraudster wears the mask of a public servant, ordinary people comply: they open doors, hand over money, and follow instructions they would otherwise refuse. The harm is not only the fraud, it is the abuse of the public’s trust in office itself.
Typical situations include:
- Posing as a police officer to search, detain, or extract money.
- Pretending to be a government inspector or official to demand a payment or a benefit.
- Impersonating a named public servant and acting in that person’s place.
The offence is complete when the person, under the false authority, does or attempts to do an act.
02What the offence is (answer first)
Personating a public servant is an offence under Section 204 of the Bharatiya Nyaya Sanhita, 2023. It replaced Section 170 of the Indian Penal Code, 1860. The BNS came into force on 1 July 2024.
The section applies to a person who pretends to hold a particular office as a public servant, knowing that they do not hold that office, or who falsely personates any other person holding such office, and who in either character does, or attempts to do, any act under colour of that office.
The offence is not just the false claim of office. It is acting, or trying to act, under the colour of an office the person does not hold.
So two things must come together: the false assumption of a public office, and an act (or an attempt) done under the colour of that office.
03From IPC 170 to BNS 204: what changed
This is one of the sections where the BNS did more than renumber. It added a minimum sentence and raised the maximum.
| Point | Old law (IPC Section 170) | New law (BNS Section 204) |
|---|---|---|
| Conduct covered | Pretending to hold or personating a public office, and acting under it | Same |
| Minimum imprisonment | No minimum | Not less than 6 months |
| Maximum imprisonment | Up to 2 years | Up to 3 years |
| Fine | And fine | And fine |
So the BNS added a mandatory minimum of six months, raised the maximum from two years to three years, and kept the fine.
04What the prosecution must show
- Pretence of office: the accused pretended to hold a public office, or personated someone who holds one.
- Knowledge: the accused knew they did not hold that office.
- An act under colour of office: the accused did, or attempted to do, some act in that false character.
Both parts matter
A bare false boast of being an officer, with nothing done under it, may not complete this offence. The section looks for an act, or an attempt, done under the colour of the office. The act under the false authority is what the section is aimed at.
Impersonation often overlaps with cheating and extortion, and a single episode can attract more than one section. The facts decide which charges fit.
05Punishment and classification
The punishment under Section 204 of the BNS is imprisonment of either description for a term which shall not be less than six months but which may extend to three years, and also a fine.
| Item | Position under BNS Section 204 |
|---|---|
| Minimum imprisonment | Six months |
| Maximum imprisonment | Three years (simple or rigorous) |
| Fine | Fine, in addition to imprisonment |
| Cognizable or non-cognizable | Cognizable |
| Bailable or non-bailable | Non-bailable |
| Triable by | Any Magistrate |
Confirm the classification against the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) as it stands on the date of the case.
06Related offences
Personation of a public servant sits with other BNS offences about the authority of public servants:
- obstructing a public servant in the discharge of public functions (the old IPC 186).
- disobedience to an order of a public servant (the old IPC 188).
Where the impersonation is used to cheat or extort, those offences are charged alongside this one.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Because the BNS added a six-month minimum and made this offence non-bailable, how benches read the elements, and how they treat the overlap with cheating and extortion, now carries more weight. Claw lets you search 30 crore+ judgments and return them in under 5 seconds, so you can see how courts have handled personation and acts done under colour of office, with coverage reaching back to the Supreme Court in 1950 and the High Courts in 1990. It also tracks cases, orders and hearings under this section, or by party or advocate name, across 9,102 courts, benches and forums. Claw does not use customer case documents to train AI models.
Create a free Claw account to search and track these matters by party or advocate name. For the wider picture, see case search across Indian courts.
08Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- BNS Section 204 (personating a public servant): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
Which BNS section covers impersonating a police officer or public servant?
Section 204 of the Bharatiya Nyaya Sanhita, 2023 covers personating a public servant, which includes impersonating a police officer, and acting under that false authority. It replaced Section 170 of the Indian Penal Code and came into force on 1 July 2024.
What is the punishment under BNS Section 204?
Imprisonment of not less than six months and up to three years, and also a fine. This is stricter than the old IPC Section 170, which had no minimum and a maximum of two years.
Did the BNS make this offence stricter?
Yes. The BNS added a mandatory minimum of six months, raised the maximum from two years to three years, and public sources list the offence as non-bailable. Confirm these points against the BNSS First Schedule and the official text.
Is a false claim of office alone enough to be charged?
The section looks for an act, or an attempt, done under the colour of the false office, not just a bare claim. A pretence of office together with an act in that false character is what the section targets.
Is the offence under Section 204 bailable?
Public sources list it as cognizable, non-bailable, and triable by any Magistrate. Always confirm the classification against the First Schedule of the BNSS as it stands on the date of the case.
How can I find judgments on personating a public servant?
You can search case law on Claw across a base of 30 crore+ judgments, from the Supreme Court since 1950 and High Courts since 1990, with results in under 5 seconds, and track live matters under this section by party or advocate name across 9,102 courts, benches and forums. Create a free Claw account to search and track these cases.