BNS Section 204 - Personating Public Servant

Whoever, not being a public servant, takes or assumes the name, designation or character of a public servant, and in such assumed character does or attempts to do any act under color of such office.

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Bailable, Cognizable

Official Text

Whoever, not being a public servant, takes or assumes the name, designation or character of a public servant, and in such assumed character does or attempts to do any act under color of such office.

Legal Analysis

Elements to Prove:

  • Not being public servant.
  • Assuming public servant character.
  • Acting under color of office.

Potential Defenses:

  • Actually a public servant.
  • No act under color of office.
  • Authorized impersonation.

Practical Examples

What Constitutes the Offense:

Pretending to be police officers, impersonating government officials, using fake credentials.

What Doesn't Constitute:

Acting in plays, legitimate role-playing, or authorized impersonation.

Punishment

Imprisonment up to 2 years, or Fine, or both