Section 204 BNS: Personating a Public Servant

Section 204 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who knowingly pretends to hold a particular public office, or falsely personates another person who holds such office, and in that assumed character does or attempts to do an act under colour of that office.

Current law: Section 204 forms part of Chapter XII of the Bharatiya Nyaya Sanhita, 2023, dealing with offences by or relating to public servants.

Text of Section 204 BNS

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.

Essential Ingredients of Section 204

The accused must pretend to hold a particular office as a public servant while knowing that he or she does not hold that office; or
The accused must falsely personate another person who actually holds such office; and
In the assumed character, the accused must do or attempt to do an act under colour of that office.

Mere false description is not enough: The statutory wording requires not only the false assumption of public office but also an act, or attempted act, performed under colour of that assumed office.

Assumed Character and "Under Colour of Such Office"

The expression "under colour of such office" refers to conduct presented as being done by virtue of the authority, status or powers of the public office being falsely assumed.

The provision therefore targets misuse of apparent public authority. The alleged act should be connected with the assumed office rather than being unrelated private conduct.

Attempt to Act Under Colour of Office

Section 204 expressly covers both completed acts and attempts. It is therefore not necessary that the personating individual successfully complete the intended official-looking act if the statutory ingredients of an attempt under the assumed character are established.

Punishment, Cognizability, Bail and Court

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies Section 204 as follows:

Provision	Punishment	Cognizable	Bailable	Triable by
Section 204 BNS	Imprisonment of either description for not less than 6 months and up to 3 years, and fine	Yes	No - non-bailable	Any Magistrate

Difference Between Sections 204 and 205 BNS

Section 204 deals with falsely assuming or personating the office or identity of a public servant and acting or attempting to act under colour of that office.
Section 205 deals with wearing garb or carrying a token resembling that used by a class of public servants with the required fraudulent intention or knowledge.
Section 204 is cognizable and non-bailable, whereas Section 205 is cognizable and bailable.
Section 204 carries a minimum imprisonment of six months and a maximum of three years, plus fine.

Official Resources

This page is intended as general legal information. Application of Section 204 BNS depends on the alleged assumption of public office, the accused's knowledge, the act or attempted act performed under colour of office and the available evidence.