IPC Section 140 and BNS Section 168: Wearing Military Garb or Carrying Armed Forces Tokens
Understand the law on falsely appearing to be an Indian soldier, sailor or airman through military-style dress or identifying tokens, including the essential intention, punishment and bail status.
Meaning of IPC Section 140
Section 140 of the Indian Penal Code, 1860 punished a person who was not a soldier, sailor or airman in the Government of India's military, naval or air service, but who wore garb or carried a token resembling those used by such personnel with the intention that others believe the person is such a service member.
The provision addressed deceptive use of service dress or identification. It was not a general ban on every item of camouflage or military-inspired clothing. Its text required both the specified resemblance and the relevant intention.
BNS Section 168: current statutory provision
Section 168 of the Bharatiya Nyaya Sanhita, 2023, headed Wearing garb or carrying token used by soldier, sailor or airman, carries forward the offence. A person outside the specified armed services who wears resembling garb or carries a resembling token with the intention of being believed to be an Army, Navy or Air Force member is liable to imprisonment of either description for up to three months, or a fine up to Rs 2,000, or both.
Consult the official BNS Act PDF hosted by the Enforcement Directorate for the enacted text.
Important legal expressions
- Garb: Clothing or uniform-like dress; here, attire resembling dress used by the specified armed forces personnel.
- Token: An identifying item or emblem resembling one used by the specified personnel, depending on its nature and context.
- Resembling: Sufficient similarity to the relevant service garb or token in the circumstances; the provision does not require an exact replica.
- Intention: A purpose that the person be believed to be a soldier, sailor or airman. This is an essential statutory element.
- Either description of imprisonment: Imprisonment of a kind permitted by the criminal statute, which may include simple or rigorous imprisonment as legally applicable.
Essential ingredients to establish the offence
- The person is not a soldier, sailor or airman in the relevant service of the Government of India.
- The person wears garb or carries a token resembling the garb or token used by such service personnel.
- The conduct is accompanied by an intention that the person be believed to be a member of the specified armed service.
- The prosecution proves the required facts and intention to the criminal standard of proof.
Merely possessing an army-style jacket, appearing in a dramatic performance, or displaying a historical uniform does not automatically establish the offence. The required intention must be considered in light of all the evidence.
Punishment, cognizability, bail and trial
| Legal issue | BNS Section 168 |
|---|---|
| Imprisonment | Either description, up to three months |
| Fine | Up to Rs 2,000 |
| Combined punishment | Imprisonment and fine may both be imposed |
| Cognizable or non-cognizable | Cognizable |
| Bailable or non-bailable | Bailable |
| Triable by | Any Magistrate |
These procedural classifications appear in the BNSS First Schedule published by the National Crime Records Bureau. Cognizable means the police may arrest without a warrant under the statutory classification, subject to applicable safeguards; bailable means bail is available as of right upon satisfaction of applicable legal requirements.
IPC Section 140 and BNS Section 168: what changed?
| Feature | IPC Section 140 | BNS Section 168 |
|---|---|---|
| Subject | Wearing armed forces garb or carrying tokens with impersonation intention | Corresponding offence |
| Maximum imprisonment | Three months | Three months |
| Maximum fine | Rs 500 | Rs 2,000 |
| Alternative | Imprisonment, fine or both | Imprisonment, fine or both |
| Applicable framework | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024 |
Illustrative situations
Potential offence: A civilian knowingly wears a military-style uniform with corresponding insignia and represents himself as an Army soldier to make others believe he serves in the armed forces. Whether Section 168 is established depends on the actual resemblance, intention and evidence.
Different situation: A civilian wears ordinary camouflage-patterned clothing for recreation without any intention of being believed to be an armed forces member. The mere pattern, without the necessary statutory elements, does not by itself establish the Section 168 offence.
Related provisions and legal context
Section 168 appears in Chapter VIII of the BNS, concerning offences relating to the Army, Navy and Air Force. Related provisions address harbouring a deserter (former IPC Section 136; BNS Section 164), abetment of insubordination (former IPC Section 138; BNS Section 166), and persons subject to certain armed forces Acts (former IPC Section 139; BNS Section 167).
Impersonation involving public servants or separate fraudulent acts may also raise issues under other provisions. The specific conduct and applicable elements determine which law applies.
Frequently asked questions
Which BNS section replaces IPC Section 140?
BNS Section 168 is the corresponding provision for wearing garb or carrying a token used by a soldier, sailor or airman with the required intention of impersonation.
What is the punishment under BNS Section 168?
Imprisonment of either description for up to three months, a fine up to Rs 2,000, or both.
Is BNS Section 168 bailable?
Yes. The BNSS First Schedule classifies the offence as cognizable and bailable, triable by any Magistrate.
Is wearing camouflage clothing always a crime?
No. Section 168 requires the specified resemblance and the intention that others believe the person is a member of the armed forces. Facts and context matter.
What changed from IPC Section 140?
The maximum fine increased from Rs 500 under IPC Section 140 to Rs 2,000 under BNS Section 168; the maximum imprisonment remains three months.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official government-hosted PDF (Section 168)
- Bharatiya Nagarik Suraksha Sanhita, 2023 - First Schedule (NCRB)
- India Code - central legislation repository
Legal note: This article is for general information and is not a substitute for legal advice. For any specific allegation, verify the enacted law, relevant dates, facts, and procedural requirements with a qualified legal professional.