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).
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 section | IPC, 1860 equivalent | Category |
|---|---|---|
| 168 | 140 | Substantively 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.
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.
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.
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.
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.
The fine is capped at two thousand rupees, raised from the old law's five hundred rupees.