IPC Section 170: Personating a Public Servant in India

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IPC Section 170: Personating a Public Servant in India

1. Code

Section 170. Whoever, with intent to deceive, personates a public servant or falsely pretends to be a public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

2. Explanation

This section of the Indian Penal Code (IPC) criminalizes the act of impersonating a public servant with the intention to deceive. The offense applies to individuals who:

  • Represent themselves as a public servant when they are not.
  • Falsely claim to hold a specific public office.
  • Utilize the authority or position of a public servant to gain an advantage or mislead others.

3. Illustration

Consider a scenario where an individual approaches a shopkeeper claiming to be a police officer and demands a bribe. This individual is falsely impersonating a public servant (police officer) with the intent to deceive and gain an unlawful advantage. This act would fall under IPC Section 170.

4. Common Questions & Answers

Q: What constitutes a public servant under this section?
A: This term includes individuals holding government positions, like police officers, government officials, judges, etc.

Q: Is intent to deceive essential for this offense?
A: Yes, the act of personating a public servant must be done with the intention to deceive someone. A mere act of impersonation without intent to deceive would not be covered under this section.

Q: What are the possible punishments under this section?
A: The punishment can include imprisonment for up to three years, a fine, or both.

Also Read  CrPC Section 446A: Cancellation of Bond and Bail Bond
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