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    Question

    Under Section 204 of the BNS, 2023, R, an ordinary

    citizen with no official credentials, fabricates a fake identification badge resembling that of a Directorate of Revenue Intelligence (DRI) officer. R wears this badge and, without any actual authority, approaches a jeweler's shop, threatens the jeweler with supposed "anti-smuggling investigation," and demands to inspect the shop's records and cash holdings under the guise of conducting an official inquiry. The jeweler, intimidated, begins cooperating before a real DRI officer arrives and discovers the imposture. Which of the following correctly determines R's criminal liability under Section 204?
    A R is liable under Section 204 because he falsely personated a public servant and, in such assumed character, attempted to perform an act under colour of that office Correct Answer Incorrect Answer
    B R is not liable under Section 204 because no official action was actually completed; mere threatening or intimidation is covered under separate extortion provisions Correct Answer Incorrect Answer
    C R is liable under Section 204 only if he successfully extracted information or money; attempted or incomplete personation does not constitute this offence Correct Answer Incorrect Answer
    D R's liability under Section 204 is limited to wearing the badge; the threats constitute a separate offence under extortion sections, not Section 204 itself Correct Answer Incorrect Answer
    E R is not liable under Section 204 because he did not hold any actual claim to the DRI officer position; Section 204 applies only to persons who previously held such positions Correct Answer Incorrect Answer

    Solution

    Explanation: Section 204 of the BNS, 2023 (corresponding to Section 170 IPC) provides: "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 shall not be less than six months but which may extend to three years and with fine." The provision has two critical elements: (i) pretense or false personation of a public servant; (ii) performing or attempting to perform an act under colour of that office. R satisfies both elements: (i) he falsely portrayed himself as a DRI officer; (ii) he attempted to conduct an "investigation" using the impersonated authority. The word "attempts" in the provision specifically covers situations where the personated actions are not completed. The provision does NOT require successful extraction of information or money; the attempt itself constitutes the offence. The fabrication of a fake badge is evidence of the false personation. Section 204 is non-bailable and cognizable, reflecting its seriousness. Thus, option (A) correctly applies Section 204.

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