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BNS Section 204

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 204

Personating a public servant

Section 204 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the offense of 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.


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BNS-204: Personating a Public Servant

Key Points :
 

  1. Scope of the Offense:
     

    • BNS-204 addresses the act of personating a public servant, which includes anyone who:
       

      • Pretends to hold a specific office as a public servant, knowing they do not hold such an office.
         

      • Falsely personates another individual who legitimately holds that office.
         

  2. Acting Under Color of Office:
     

    • The person engaging in this impersonation may attempt to perform or actually performs actions while pretending to be a public servant. This could involve:
       

      • Making decisions, issuing orders, or conducting activities that are typically reserved for the office they are pretending to hold.
         

  3. Punishments:
     

    • The punishment for this offense is stringent:
       

      • Imprisonment for a minimum of six months, extending up to three years.
         

      • Additionally, the offender may be subject to a fine.
         

  4. Objective:
     

    • The purpose of this provision is to prevent abuse of power and protect the integrity of public service. It aims to deter individuals from exploiting the trust and authority that comes with public office for personal gain or fraudulent activities.


Offence : Personating a public servant.


Punishment : Imprisonment for not less than 6 months but which may extend to 3 years and fine.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Non-bailable.


By what Court triable : Any Magistrate.




Browse through our complete index of all BNS sections. Learn about the Bharatiya Nyaya Sanhita with our extensive resource that covers every section in detail.


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