Bharatiya Nyaya Sanhita, 2023
Section 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.
Why this exists
This provision continues the rule from the old Indian Penal Code (Section 170), which was meant to protect public trust in government offices. If people could freely pretend to be officials — police officers, tax collectors, magistrates, etc. — and use that false identity to extract money, force compliance, or gain access, it would undermine both public safety and confidence in genuine officials. The law targets not just the lie itself, but the lie combined with an actual act done 'under colour of' that fake office, since that combination causes real harm.
Common misconceptions
- Myth: Just claiming to be a public servant, even as a joke, is enough to be punished under this law.
Fact: The section requires that the person also does or attempts to do some act using that false claim of authority — merely saying it without acting on it is not enough for this specific offence. - Myth: This law only covers impersonating police officers.
Fact: It applies to pretending to hold any public office, not just police — for example, tax officials, magistrates, or other government positions.