Impersonation Of Public Servants
๐ Relevant Provisions of IPC:
Section 170 IPC โ Personating a public servant:
Whoever pretends to hold any office as a public servant, knowing that he does not hold such office, and does any act under the color of such office, shall be punished with imprisonment up to two years, or with fine, or both.
Section 171 IPC โ Wearing garb or carrying token used by public servant with fraudulent intent:
Whoever wears any garb or carries any token used by a public servant with the intention of deceiving others shall be punished with imprisonment up to three months, or fine up to โน500, or both.
๐ Elements of the Offense:
To constitute the offense of impersonating a public servant, the following must be proved:
The accused falsely pretended to be a public servant.
The impersonation was intentional and fraudulent.
There was some act performed under that false identity.
The act was done with the intention to deceive or gain a wrongful benefit or cause harm.
โ๏ธ Detailed Case Law Analysis
1. R. v. Barnard (1837) 7 C&P 784 (English Case)
Facts:
The accused falsely claimed to be a fellow of Oxford University to obtain certain academic and social benefits.
Held:
It was held that falsely representing oneself to be a person holding a particular public or quasi-public office for personal benefit amounts to criminal impersonation. Even if no actual damage is done, the act of deception is punishable.
Principle Established:
Falsely assuming the character of someone in authority is enough to constitute impersonation; intent to deceive is key, not the success of the deception.
2. Inayatullah v. State, AIR 1953 All 274 (Allahabad High Court)
Facts:
The accused posed as a police officer and took bribes from individuals on the pretext of avoiding arrest or action.
Held:
The court convicted the accused under Section 170 IPC, stating that pretending to be a police officer and extracting money through fear amounted to impersonation.
Significance:
The court clarified that mere posing as a public servant and performing acts under that false authority (like threatening arrest) are sufficient to convict under Section 170 IPC.
3. State of Maharashtra v. Vinayak Tukaram Ugle, 1997 CriLJ 4590 (Bombay HC)
Facts:
A man was found collecting money from truck drivers at a check post while dressed like a transport officer.
Held:
The Bombay High Court held that the act of collecting money by pretending to be a government officer, even without official ID or proof, clearly fell under Section 170 IPC, as he exercised an act of authority under false pretenses.
Principle:
Actual possession of public servant attire is not essential; the exercise of official power or authoritative acts under false pretense constitutes the offense.
4. Bhargavan v. State of Kerala, 1974 CriLJ 27 (Kerala HC)
Facts:
The accused claimed to be a government revenue officer and attempted to inspect properties and extract money from tenants.
Held:
The court upheld the conviction, stating that misuse of a government title with intention to deceive and for personal gain clearly comes under impersonation.
Key Point:
Even without performing the official duty perfectly, just acting under the authority of an office one doesn't hold is enough to be charged under Section 170 IPC.
5. Rajesh v. State of NCT of Delhi, 2004 CriLJ 1086 (Delhi HC)
Facts:
A person pretending to be a CBI officer threatened businessmen with raids and extorted money in exchange for avoiding action.
Held:
The Delhi High Court held that impersonating an officer from a central investigation agency and extorting money by instilling fear of arrest constituted not only impersonation (S.170) but also extortion (S.384 IPC).
Notable Ruling:
This case illustrated that multiple charges can be levied where impersonation leads to other crimes like cheating or extortion.
๐งพ Summary of Legal Principles:
| Legal Principle | Explanation |
|---|---|
| Intent to deceive | Core requirement โ mere imitation is not enough. |
| Exercise of false authority | Performing any act as a public servant is sufficient. |
| No need for success | Even if the impersonation doesnโt lead to actual harm, the act is punishable. |
| Combination with other offenses | Impersonation often overlaps with cheating, criminal intimidation, extortion. |
| Public interest | Courts treat impersonation of public servants seriously due to potential harm to public trust. |
๐จ Punishment & Enforcement:
Section 170 IPC: Up to 2 years imprisonment, or fine, or both.
Section 171 IPC: Up to 3 months, or โน500 fine, or both.
The punishment may be enhanced if the impersonation leads to more serious crimes (e.g., extortion, forgery).
๐ฎ Practical Examples:
A man posing as a traffic cop and collecting bribes.
A person pretending to be a municipal officer to threaten shopkeepers.
Impersonation of income tax officers to conduct fake raids.
Falsely identifying as an army officer to gain social respect or benefits.
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