Section 168 BNS: Wearing Garb or Carrying Token Used by Soldier, Sailor or Airman
Section 168 of the Bharatiya Nyaya Sanhita, 2023 makes it an offence for a person who is not a soldier, sailor or airman in the service of the Government of India to wear military-type garb or carry a resembling token with the intention of making others believe that the person is such a soldier, sailor or airman.
Text of Section 168 of the Bharatiya Nyaya Sanhita, 2023
168. Wearing garb or carrying token used by soldier, sailor or airman. - 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.
Meaning of Section 168 BNS
The section targets impersonation by appearance or identifying token. Merely wearing clothing that resembles military clothing is not enough by itself. The provision expressly requires the intention that the appearance or token should cause others to believe that the person is a soldier, sailor or airman in the Army, Naval or Air service of the Government of India.
Accordingly, the prosecution must establish both the prohibited conduct and the required intention. The conduct may consist of wearing garb or carrying a token resembling that used by a soldier, sailor or airman, while the mental element is the intention to create the belief that the accused is such a member of the armed services.
Essential ingredients of the offence
- The accused is not a soldier, sailor or airman in the relevant Government of India service.
- The accused wears garb or carries a token.
- The garb or token resembles garb or a token used by a soldier, sailor or airman.
- The accused acts with the intention that it may be believed that he is such a soldier, sailor or airman.
Punishment under Section 168 BNS
A person convicted under Section 168 may be punished with imprisonment of either description for a term which may extend to three months, or with a fine which may extend to Rs. 2,000, or with both.
Is Section 168 BNS cognizable and bailable?
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offence under Section 168 BNS as cognizable and bailable, and states that it is triable by any Magistrate.
| Offence | Wearing garb or carrying token used by soldier, sailor or airman |
|---|---|
| Punishment | Imprisonment up to 3 months, or fine up to Rs. 2,000, or both |
| Cognizable | Yes |
| Bailable | Yes |
| Triable by | Any Magistrate |
What does "cognizable" mean?
Under Section 2(1)(g) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a "cognizable offence" means an offence for which a police officer may, in accordance with the First Schedule or any other law in force, arrest without warrant.
What does "bailable offence" mean?
Under Section 2(1)(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a "bailable offence" is an offence shown as bailable in the First Schedule, or made bailable by any other law for the time being in force.
Relation to the former Indian Penal Code
Section 168 BNS substantially corresponds to the subject previously dealt with by Section 140 of the Indian Penal Code, 1860. The BNS repealed the IPC, subject to the statutory saving provisions, and the new criminal laws came into force on 1 July 2024. For conduct occurring before the commencement of the BNS, the applicable law must be determined with reference to the date of the alleged offence and the relevant saving provisions.
Practical point: Section 168 is not a general prohibition on costume, theatrical dress, replicas or similar clothing. The statutory intention that it may be believed that the wearer is a soldier, sailor or airman is an express ingredient of the offence.
Official legal resources
The current statutory text and procedural classification can be checked through the following official Government sources.
Section 168 BNS in context
Section 168 is the final provision in Chapter VIII of the Bharatiya Nyaya Sanhita, 2023, dealing with offences relating to the Army, Navy and Air Force. The preceding provisions deal with matters including mutiny, assault on superior officers, desertion, harbouring deserters and insubordination.
For the preceding provision, see Section 167 BNS - Persons subject to certain Acts. For the complete legislation index, see Bharatiya Nyaya Sanhita, 2023.