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IPC 170 → BNS 204: Personating Public Servant

IPC Section 170 (Personating Public Servant) under the old Indian Penal Code 1860 is now covered under Section 204 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

170

Personating Public Servant

Personating a public servant

New Law — BNS 2023

204

Personating Public Servant

Punishment / Liability
Same - Up to 2 years
Key Change / Note
No major change

Facing a case under BNS 204?

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What changed for IPC 170?

IPC 170 (Personating Public Servant) — personating a public servant — now maps to BNS Section 204. Key change: No major change. Punishment under BNS 204: Same - Up to 2 years.

Quick Summary: IPC 170 vs BNS 204

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 170 (Personating Public Servant) belongs to the IPC's offences relating to public servants and lawful authority — conduct by or against public servants, election offences and contempt of official authority. The corruption-type provisions sit alongside the Prevention of Corruption Act, and the BNS renumbers the residual offence covering personating public servant as BNS 204.

What did IPC 170 cover?

IPC 170 dealt with personating public servantpersonating a public servant. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 204: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to personating public servant are filed under BNS Section 204, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 204

Same - Up to 2 years

Practical implications for advocates, police & citizens

  • Advocates: For personating public servant, check whether the conduct is prosecuted under BNS 204 or a special statute, and whether prior sanction is required.
  • Police officers: Identify the precise duty obstructed or benefit obtained in the personating public servant matter and cite BNS 204 in the new FIR.
  • Law students & citizens: Giving or taking illegal gratification, impersonating an official, or obstructing public duty — the kind of conduct behind personating public servant — all fall in this group.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 170?

IPC Section 170 (Personating Public Servant) is now covered under Section 204 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 204?

Same - Up to 2 years

What is the key difference between IPC 170 and BNS 204?

No major change

Is IPC 170 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The personating public servant offence earlier in IPC 170 is now governed by BNS 204 — pending IPC 170 cases continue, but new FIRs cite BNS 204.

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