Section 168 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 168 – Wearing Garb or Carrying Token Used by Soldier, Sailor, or Airman
Text of Section 168:
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.
Key Elements of Section 168
Unauthorized Use of Military Attire or Insignia:
This section criminalizes the act of wearing or carrying items that resemble the official attire or insignia of the Indian Armed Forces (Army, Navy, or Air Force) by individuals who are not part of these services.
Intent to Deceive:
The offense is committed only if the individual intends to deceive others into believing they are a member of the armed forces.
Punishment:
The section prescribes a penalty of:
Imprisonment for a term which may extend to three months, or
A fine which may extend to two thousand rupees, or
Both imprisonment and fine.
Legal Context and Comparison
Chapter VIII – Offences Relating to the Army, Navy, and Air Force:
Section 168 falls under Chapter VIII of the BNS, which deals with offenses related to the armed forces.
Comparison with Indian Penal Code (IPC):
Section 168 of the BNS is similar to Section 140 of the IPC, which also addresses the unauthorized use of military attire or insignia. However, the BNS version introduces a higher fine limit of ₹2,000 compared to the IPC's ₹500.
Purpose and Implications
Preventing Impersonation:
The primary objective of Section 168 is to prevent individuals from impersonating military personnel, thereby maintaining the integrity and respect associated with the armed forces.
Legal Classification:
This offense is categorized as a cognizable offense, allowing law enforcement to arrest the accused without a warrant.
The offense is non-bailable, meaning that bail is not automatically granted and is subject to judicial discretion.
The offense is triable in a Magistrate's Court.
Illustrative Examples
Example 1:
Rahul, a civilian, decides to wear a full military uniform to a public event in Delhi. He also carries a fake military ID card. His intention is to gain respect and possibly some benefits that are usually accorded to military personnel. Someone at the event recognizes that Rahul is not a real soldier and reports him to the authorities. Under Section 168 of the BNS, Rahul can be punished with imprisonment for up to three months, a fine of up to ₹2,000, or both.
Example 2:
Priya, who is not a member of the armed forces, wears a naval officer's uniform to a job interview, hoping that it will impress the interviewer and increase her chances of getting the job. She also carries a badge that closely resembles an official naval badge. The interviewer, suspicious of her credentials, contacts the authorities. Priya can be charged under Section 168 of the BNS and may face imprisonment for up to three months, a fine of up to ₹2,000, or both.
Summary Table
| Element | Details |
|---|---|
| Offense | Unauthorized wearing or carrying of military attire or insignia |
| Intent | To deceive others into believing the individual is a member of the armed forces |
| Punishment | Imprisonment up to 3 months, fine up to ₹2,000, or both |
| Legal Classification | Cognizable, Non-bailable, Triable in Magistrate's Court |
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