Section 204 BNS: Uttering Words to Insult Religious Faith

Section 204 of Bharatiya Nyaya Sanhita: Personating a Public Servant

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023

Official BNSS Schedule I

Offence / Provision	Statutory Punishment	Bail Status	Cognizance	Trial Jurisdiction	Old IPC Equivalent
Section 204 BNS Personating a Public Servant	Imprisonment extending to 3 years, or fine, or both.	Non-Bailable	Cognizable	Any Magistrate	Formerly Sec 170 IPC

Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

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 204: Personating a Public Servant

Section 204 of Bharatiya Nyaya Sanhita: Personating a Public Servant

BNSS First Schedule Legal Classification

Legal Commentary & Landmark Judgments: Section 204