BACK TO SECTIONS
BailableCognizable: CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 170 to BNS 229.
2
2-year maximum preserved.
3
Cognizable — police can register FIR without magistrate's order.
THE STATUTE
The Clause
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 may extend to two years, or with fine, or with both.
Legal Commentary
Section 229 criminalises impersonating a public servant — one of the most practically common forms of fraud in India, and a provision that directly protects citizens from being deceived by individuals exploiting the authority of public office. Two forms are covered: (1) pretending to hold a public office that one does not hold; and (2) falsely impersonating a specific named public servant who actually holds that office. The offence is complete when the person performs or attempts to perform any act 'under colour of' the assumed office — mere claiming to be a public servant without attempting any official act falls just short. This provision is routinely invoked against: fake police officers who extort citizens claiming to conduct raids; fake tax inspectors who demand bribes; fake officials who collect fees for non-existent government schemes; and fake CBI/ED officers in high-profile fraud cases.
Case Simulations
"A person who dresses as a police officer and demands money from shopkeepers during fake raids — Section 229 + Section 308 (extortion)."
"Calling someone claiming to be from the CBI and threatening arrest unless a bribe is paid — Section 229."
Expert Insights
Wearing a fake police uniform and exercising apparent police authority (conducting fake raids, demanding documents, etc.) constitutes personating a public servant under Section 229. Merely wearing the uniform without attempting any official act may be covered under other provisions.