IPC Section 170 - 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 such public servant, 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 may extend to two years, or with fine, or with both.

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Bailable, Cognizable

Official Text

“Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any such public servant, 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 may extend to two years, or with fine, or with both.”

Legal Analysis

Elements to Prove:

  • The accused pretended to hold a public office.
  • They knew they did not hold such office.
  • They acted under the assumed character.
  • The act was done under colour of the office.

Potential Defenses:

  • The accused genuinely believed they had authority.
  • No act was done under the assumed character.
  • The accused was acting under proper authorization.
  • The act was not done under colour of office.

Practical Examples

What Constitutes the Offense:

A person pretending to be a police officer to extort money, or falsely claiming to be a government official to gain access.

What Doesn't Constitute:

A person wearing a costume for entertainment, or making a genuine mistake about their authority.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court held that this section applies when someone falsely pretends to be a public servant and acts in that capacity.

Punishment

Imprisonment for up to 2 years, or Fine, or both

Related Information

Connected Sections:

This section deals with impersonation of public servants. It is often charged alongside fraud and cheating offenses.

Procedural Aspects:

No government sanction is required. The case is triable by a Magistrate of the first class.

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