Introduction of BNS 204
BNS 204 addresses the act of personating a public servant. This section deals with situations where an individual falsely pretends to be a public servant or impersonates another public servant to perform or attempt to perform acts under the guise of holding that office. The law ensures that no individual can misuse the authority or respect of a public office for illegal or deceitful purposes. The offense is considered serious and carries significant punishment.
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.

BNS 204 in Simple Points
- Falsely Claiming a Public Office: This section covers individuals who falsely claim to be holding a public office, knowing very well that they do not actually hold that position. It ensures that people cannot deceive others by pretending to be government officials.
- Impersonation of Another Public Servant: Not only is it illegal to falsely claim a public position, but it is also unlawful to impersonate an existing public servant. For example, pretending to be a police officer or any other official is strictly prohibited under this law.
- Acting or Attempting to Act Under False Authority: The section applies to individuals who use their false identity to perform or try to perform actions under the guise of the public office they claim to hold. This could involve making decisions, issuing orders, or taking advantage of the authority of the office.
- Minimum and Maximum Imprisonment: The punishment for violating this section includes imprisonment of at least six months, which can extend to a maximum of three years. The strict minimum term is intended to reflect the seriousness of the offense.
- Fine as an Additional Punishment: In addition to imprisonment, the court may impose a fine on the offender. This fine serves as both a penalty and a deterrent to others who might consider engaging in such unlawful acts.
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.
Bharatiya Nyaya Sanhita Section 204
Section | Offense | Punishment | Cognizable | Bailable | Triable by |
---|---|---|---|---|---|
BNS Section 204 | Personating a public servant | Imprisonment for 6 months to 3 years + fine | Cognizable | Non-bailable | Triable by any Magistrate |
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