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Bharatiya Nyaya Sanhita, 2023 Chapter VIII · Of Offences Relating to the Army, Navy and Air Force
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Bharatiya Nyaya Sanhita, 2023 — Section 168

Wearing Garb or Carrying Token Used by Soldier, Sailor or Airman

Section 168 punishes a person, not being a soldier, sailor or airman in the Army, Naval or Air service of the Government of India, who wears any garb or carries any token resembling that used by such a soldier, sailor or airman, with the intention of being believed to be one, with imprisonment up to three months, or fine up to two thousand rupees, or both. This is the final section of Chapter VIII (Of Offences Relating to the Army, Navy and Air Force).

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 168 to old IPC Section 140, and cross-checked directly against the bare text of both Acts.

BNS sectionIPC, 1860 equivalentCategory
168140Substantively changed

Substantively changed: Old IPC Section 140 capped the fine at "five hundred rupees." Section 168 raises this cap to "two thousand rupees." (Section 168 also refers to the "Army" service where old IPC Section 140 referred to the "Military" service, a wording update that does not change the substance.) This is also the final section of Chapter VIII; Chapter IX (Of Offences Relating to Elections) begins at Section 169.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 3 months, or fine of 2,000 rupees, or both — cognizable, bailable, and triable by any Magistrate. Not compoundable: Section 168 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “any Magistrate” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

Whoever, not being a soldier, sailor or airman in the Army, Naval or Air service of the Government of India, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, sailor or airman, 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 thousand rupees, or with both.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Impersonation of a soldier, sailor, or airman by wearing or carrying resembling garb or token

Explanation (Lexovia's Commentary)

This section requires two ingredients: that the accused is not actually a soldier, sailor, or airman in the relevant service, and that the accused wore or carried a resembling garb or token specifically with the intention that it be believed the accused was such a person. Mere accidental resemblance without that intention would not satisfy this section.

Illustration (Lexovia's Own Example)
A civilian, wanting to be treated with unwarranted respect and deference, dresses in a uniform closely resembling that of a serving Army soldier and displays it in public, hoping onlookers will believe he is a soldier. This falls within Section 168.
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Related / Cross-Referenced Sections

FAQs

Does the person actually have to claim to be a soldier out loud?

No. It is enough that the accused wears or carries a resembling garb or token with the intention that it be believed the accused is such a soldier, sailor, or airman.

Does this apply to a person who genuinely is a soldier, sailor, or airman?

No. The section applies only to a person who is not actually a soldier, sailor, or airman in the Army, Naval, or Air service of the Government of India.

What is the maximum fine under this section?

The fine is capped at two thousand rupees, raised from the old law's five hundred rupees.

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