BNS Section 168 – Wearing garb or carrying token used by soldier, sailor or airman
IPC Section – 140
Wearing Garb or Carrying Token Used by Soldier, Sailor, or Airman
1. What is the Offence?
This law criminalizes the act of wearing a uniform or carrying a token resembling those used by a soldier, sailor, or airman in the Army, Navy, or Air Force of the Government of India, with the intention of making others believe that the person is a member of the armed forces.
2. Key Elements of the Offence
- Prohibition on Impersonation: The act applies to individuals not serving in the armed forces.
- Intentional Deception: The person must intentionally wear the garb or carry the token to deceive others into believing they are a member of the armed forces.
- Garb or Token: Includes uniforms, insignia, badges, or decorations resembling those used by the armed forces.
3. Punishment
- Imprisonment: Up to 3 months (simple or rigorous), or
- Fine: Up to ₹2,000, or
- Both imprisonment and fine.
4. Type of Offence
- Cognizable: Police can arrest without a warrant.
- Bailable: The accused can claim bail as a right.
- Court: The case will be tried by any Magistrate.
5. Purpose of the Law
- To prevent impersonation of armed forces personnel, which could undermine the integrity and reputation of the military.
- It ensures strict penalties for those who intentionally deceive others by pretending to be members of the armed forces.
Summary of the Offence
Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
---|---|---|---|---|
Wearing garb or carrying token used by soldier, sailor, or airman | Up to 3 months imprisonment, fine of ₹2,000, or both | Cognizable | Bailable | Any Magistrate |