Introduction of BNS 204
BNS 204 deals with the crime of pretending to be a public servant. This law makes it illegal for any person to falsely claim to hold a government office or impersonate an existing public servant to mislead others. It ensures that the authority and respect of public offices are not misused by fraudsters for unlawful benefits. The section also makes it punishable if someone acts or even attempts to act under such false identity.
The Bharatiya Nyaya Sanhita (BNS) Section 204 replaces the old Indian Penal Code (IPC) Section 170.
What is BNS Section 204 ?
BNS Section 204 makes it illegal for anyone to falsely pretend to hold a particular public office or impersonate a public servant. The section prohibits any act performed or attempted under such a false identity. It aims to safeguard the trust and integrity of public offices by penalizing those who impersonate public servants to deceive others or gain an advantage unlawfully.
Under Section 204 of the bns act 2023
If a person falsely pretends to be a public servant, or impersonates another public servant, and does or even attempts to do any act under that false authority, they are guilty under BNS Section 204. The punishment is imprisonment for at least six months, extendable up to three years, along with a fine.
1. Meaning of Personating a Public Servant
- It means falsely claiming to be a public servant (like a police officer, magistrate, or government officer).
- It also includes impersonating an existing public servant to deceive others.
- Even attempts to use false authority are covered.
2. Who is Covered?
This section applies to any private individual who:
- Pretends to be a public servant.
- Copies the identity of a real public servant.
- Acts or tries to act under the false claim of holding a public office.
3. Nature of the Offense
- Cognizable → Police can arrest without a warrant.
- Non-bailable → Accused must seek bail from court; bail is not automatic.
- Non-compoundable → Cannot be settled privately; must go through trial.
- Triable by any Magistrate → The case can be heard by any Magistrate.
4. Examples of BNS Section 204
Example 1 – Fake Police Officer: A man wears a police uniform and starts checking vehicles on the road to collect bribes. → He is guilty under BNS 204.
Example 2 – Impersonating a Magistrate: A person introduces himself as a Magistrate and threatens shopkeepers to give him free goods. → He will be punished under this section.
Example 3 – Attempt but No Gain: Someone pretends to be a revenue officer and tries to demand land records, but is caught before success. → Still punishable under Section 204.
5. Punishment under BNS Section 204
- Imprisonment → Minimum 6 months to maximum 3 years.
- Fine → Court may impose an additional fine.
- Both → Jail + fine depending on seriousness.
6. Importance of BNS Section 204
- Protects public trust in government offices.
- Prevents fraud and cheating by fake officials.
- Safeguards citizens from misuse of authority.
- Ensures only genuine public servants exercise lawful powers.
BNS 204 Punishment
- Imprisonment: The offender shall be sentenced to imprisonment for not less than six months, which may be extended up to three years. This ensures that the punishment has both a minimum and maximum limit, depending on the gravity of the offense.
- Fine: The offender can also be fined in addition to the imprisonment term. The amount of the fine depends on the circumstances and the discretion of the court.
BNS 204 bailable or not ?
BNS Section 204 is non-bailable, meaning the accused cannot claim bail as a matter of right. They must seek bail from the court, which has the discretion to grant or deny it based on the facts of the case.
Comparison Table – BNS Section 204 vs IPC Section 170
| Points of Difference | BNS Section 204 (Bharatiya Nyaya Sanhita) | IPC Section 170 (Indian Penal Code) |
|---|---|---|
| What the law says | Crime to pretend to be a public servant or copy the identity of one, and do or even try to do something under that false role. | Crime to pretend to be a public servant and act or attempt to act as if holding that position. |
| Punishment | Jail for at least 6 months (minimum) up to 3 years, plus fine. | Jail up to 2 years, or fine, or both. No minimum term fixed. |
| Need for guilty mind | The person must knowingly pretend to be a public servant. | Same – the person must knowingly pretend to be a public servant. |
| Doing an act under false office | Covers both doing and attempting any act under the false claim of office. | Also punishes if the person uses the false claim to act or attempt an act under the office. |
| Main difference in approach | BNS is stricter with a minimum punishment and higher maximum jail term. | IPC had lighter penalties with no minimum punishment. |
| Relation between the two | BNS 204 is the new law, replacing IPC 170 with tougher punishment. | IPC 170 was the old law, now replaced by BNS 204. |
BNS Section 204 FAQs
Q1. What does BNS Section 204 mean?
BNS Section 204 punishes anyone who pretends to be a public servant or impersonates an official, such as a police officer or magistrate, to deceive others or misuse authority.
Q2. What is the punishment for personating a public servant under BNS 204?
The punishment is imprisonment for at least 6 months, which may extend up to 3 years, and also a fine. Both imprisonment and fine can be imposed together depending on the seriousness.
Q3. Is BNS Section 204 bailable or non-bailable?
It is a non-bailable offense, which means the accused cannot get bail as a matter of right and must apply for bail in court.
Conclusion
BNS Section 204 ensures that no one can misuse the respect and authority of public offices by impersonation. Unlike the old IPC Section 170, the new law has become stricter, prescribing a minimum punishment of six months and making the offence non-bailable. This change reflects the seriousness of protecting citizens from fraud and maintaining the integrity of public offices.
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Finished with BNS 204 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 205 : Wearing garb or carrying token used by public servant with fraudulent intent.
- https://marriagesolution.in/bns_section/bns-205/
Chapter XIII – Of Contempts Of The Lawful Authority Of Public Servants
- BNS 206 : Absconding to avoid service of summons or other proceeding.
- https://marriagesolution.in/bns_section/bns-206/
- BNS 207 : Preventing service of summons or other proceeding, or preventing publication thereof.
- https://marriagesolution.in/bns_section/bns-207/
- BNS 208 : Non-attendance in obedience to an order from public servant.
- https://marriagesolution.in/bns_section/bns-208/
- BNS 209 : Non-Appearance in Response to a Proclamation under Section 84 of BNSS
- https://marriagesolution.in/bns_section/bns-209/
- BNS 210 : Omission to Produce Document or Electronic Record to Public Servant .
- https://marriagesolution.in/bns_section/bns-210/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list