Bharatiya Nyaya Sanhita, 2023 — Section 205

Wearing Garb or Carrying Token Used by Public Servant With Fraudulent Intent

Section 205 punishes 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, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that they belong to that class, with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

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 205 to old IPC Section 171, and independently against the text of Section 171 itself in the Indian Penal Code, 1860.

BNS section	IPC, 1860 equivalent	Category
205	171	Substantively changed

Substantively changed: the conduct element, mental element, and imprisonment punishment (up to three months) are identical to old IPC Section 171. The fine cap has been raised from two hundred rupees to five thousand rupees.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 3 months, or fine of 5,000 rupees, or both — cognizable, bailable, and triable by any Magistrate. Not compoundable: Section 205 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 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 five 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)

Wearing garb or carrying a token resembling that of a class of public servants, to induce a false belief

Explanation (Lexovia's Commentary)

A person who does not belong to a particular class of public servants, but who wears a garb or carries a token resembling that used by that class, with either the intention or the knowledge that it is likely to be believed that they belong to that class, commits this offence.

Illustration (Lexovia's Own Example)

A person who is not a police officer wears a uniform closely resembling one, knowing it is likely that onlookers will believe they belong to the police force. This falls within Section 205.

Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

Does the person need to actually deceive someone for this offence to be complete?

No. It is enough that the person acted with the intention that it may be believed, or with the knowledge that it is likely to be believed, that they belong to the relevant class of public servants — actual deception of a specific person is not required.

What is the punishment under this section?

Imprisonment of either description for a term which may extend to three months, or fine which may extend to five thousand rupees, or both.

What changed compared to the old law?

The fine cap has been raised from two hundred rupees under old IPC Section 171 to five thousand rupees. The conduct element and the imprisonment cap are unchanged.