BNS Section 204: Personating A Public Servant

Definition of BNS Section 204

Section 204 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.”

Explanation and Illustration of Section 204 (Bharatiya Nyaya Sanhita, 2023)

Unlike other sections under chapter XII which are applicable only to public servants, this section is applicable to any person who impersonates a public servant in the employ of the government of India. Let us break down this section to understand it better.

Section 204 puts forward two qualifying factors for an act to be an offence under its provisions:

Firstly, the act must involve pretending to hold any particular office as a public servant. This means that the person must pretend to other persons that he or she is a legal representative of the government with vested powers to perform certain duties. This means that a person has to merely pretend to be a government official, even if the particular office or the public servant being impersonated do not really exist. As long as there is a serious attempt to represent the power of the government, the offence exists.

Secondly, the person must act under colour of such office. In other words the act must involve the exercise of the power that is supposedly held by such an office. Merely going around claiming to be a certain officer without really impersonating the duties, while fraudulent, does not qualify as an offence under this section. Only when both these criteria are fulfilled does the act qualify as an offence.

It must be noted that the section says that such an act must be committed knowing that he does not hold such office. Pretending to be someone else is a conscious act that is understood to be obviously performed knowingly. However, what this section alludes to is that if such an act is performed in a state of insanity or mental distress, then the provisions of this act may not be applicable, as impersonating someone does not require one to be mentally sound or sane.

If all the above criteria are met, then such an act shall be considered an offence and shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine.

Case Study: In 2024, a man named Morris Samuel Christian was found impersonating a judge in the Ahmedabad High Court. It was found that the man had been running a mediation centre in an empty chamber within the premises of the court since 2019 and had also passed a judgement in a case regarding government land. This a perfect demonstration of the qualifications of the above section where a man impersonated the office of a judge, who is a government employee, and had performed judicial duties in the course of such impersonation. Had he not performed any judicial duties and had merely claimed to be a judge to someone, it would not have qualified under the provisions of this section and would have instead been an offence of fraud under a different section. But given that both these qualifications were checked, Mr.Christian was prosecuted under the provisions of Section 204.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

• Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
• Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
• Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
• Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.