Impersonating a public servant is a serious offence in India. Section 171 of the Indian Penal Code (IPC) talks about this issue with the aim to protect the integrity of public service and maintain public trust. This section prohibits the fraudulent impersonation of public servants by wearing their garb or carrying tokens with the intention to deceive.

Legal Provision

Section 171 of the IPC ‘Wearing Grab Or Carrying Token Used By Public Servant With Fraudulent Intent’ states:

Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

Simplified Explanation Of IPC Section 171

In the IPC, Section 171 defines fraudulent impersonation of a public servant by prohibiting individuals from wearing any garb or carrying any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants. If any person does so, he would be punished with imprisonment extended to 3 months or a fine up to 200 rupees or both.

Key Elements Of IPC Section 171

The key elements of Section 171 of the IPC are:

• Definition: The Indian Penal Code under Section 171 covers the offence of “Wearing Grab Or Carrying Token Used By Public Servant With Fraudulent Intent“
• Token or Garb: This Section emphasizes garb (clothing) and tokens that signify a public servant's status.
• Public Servant: This term refers to government officials and employees, and it also applies to individuals pretending to be one.
• Punishment: Whoever violates this Section shall be punished with imprisonment extended to 3 months or with a fine which may extend to 200 rupees or both.
• Integrity: The aim is to protect the integrity of public servants and maintain discipline in society.
• Intention to Deceive: The main factor of this Section is the intention to deceive or mislead the public by pretending to be a public servant.

Key Details Of IPC Section 171

Key details of Section 171:

Classification Of Offence In Section 171 Of IPC

Here is a classified detail of Section 171:

Significance Of IPC Section 171

Section 171 of the Indian Penal Code plays a crucial and significant role in safeguarding and maintaining the integrity of public institutions and designations of public servants. This provision aims to maintain public trust and security by strictly penalizing them with the punishment mentioned in the Section for deceiving them by pretending to be a public servant. This kind of provision gives a sense of security to the public and upholds the sanctity of government authority. Furthermore, it acts as a safeguard against all fraudulent activities.

Scope Of IPC Section 171

In the Indian Penal Code, Section 171 encompasses two major aspects:

• Prevention of fraudulent impersonation of public servants;
• Regulating electoral conduct is essential for ensuring fair and transparent elections.

Under this Section, the individual is strictly prohibited from using any token or wearing any grab that symbolizes a public servant with the intent to deceive them. Moreover, Section 171 includes provisions related to electoral offences, specifically addressing acts that undermine the electoral process, such as making false statements about candidates to influence voters. This dual focus on both impersonation and electoral integrity highlights the Section's importance in upholding the rule of law and ensuring fair governance in India.

Constitutional Validity

The constitutional validity of Section 171 of the IPC has been affirmed by the judiciary, as it aligns with the objectives of maintaining public order and integrity in governance. It has been argued that Section 171 does not violate fundamental rights, such as the right to free speech under Article 19(1)(a) of the Constitution, because it specifically targets deceptive practices that can undermine public interest and disrupt the functioning of public offices. Furthermore, the provision is consistent with Article 14, which ensures equality before the law, as it applies uniformly to all individuals attempting to impersonate public servants.

Case Laws

A few case laws based on Section 171 of the IPC:

State vs. Lalit Kumar Gehlot on 3 February 2015

On February 3, 2015, the court, in the case of "State vs Lalit Kumar Gehlot," reviewed the application of Section 171 of the Indian Penal Code (IPC), which pertains to the fraudulent impersonation of a public servant. The defendant, Lalit Kumar Gehlot, was found wearing a police uniform while attempting to extort money by falsely claiming to be a police officer. The court emphasized the importance of maintaining the integrity of public service, noting that such impersonation misleads the public and undermines trust in law enforcement. Consequently, the court upheld the charges against Gehlot under Section 171, reinforcing the legal measures against fraudulent impersonation and its harmful impact on public order and safety.

Deepak Ganpatrao Salunke vs Governor Of Maharashtra & Others on 18 July 1998

On July 18, 1998, the Bombay High Court ruled on the case of "Deepak Ganpatrao Salunke vs Governor Of Maharashtra & Others," which examined allegations of corrupt practices in elections related to Section 171 of the Indian Penal Code (IPC). The petitioner claimed that a member of the ruling political alliance suggested that support for the alliance could result in political rewards, potentially seen as an inducement to influence electoral rights. The judgment highlighted the necessity of clear evidence of fraudulent intent and direct inducement to prove a violation of this legal provision.

Conclusion

Section 171 of the IPC plays a significant role in safeguarding the authority and integrity of public service. By penalizing fraudulent impersonation, the provision helps maintain public trust in government institutions and ensures that public servants can carry out their duties without undue interference or misrepresentation.

FAQs

A few FAQs based on Section 171 of the IPC are:

Q1. What is the punishment for violating Section 171 of IPC?

The punishment for violating Section 171 can be imprisonment for up to three months, a fine of up to ₹200, or both.

Q2. Does Section 171 of IPC cover electoral offences?

Yes, Section 171 also covers certain electoral offences, such as making false statements about candidates.

Q3. What is the legal implication of impersonating a public servant?

Impersonating a public servant can lead to criminal charges under Section 171, as well as other related offences.