Section 205 BNS: Wearing Garb or Carrying Token Used by Public Servant With Fraudulent Intent

Section 205 of the Bharatiya Nyaya Sanhita, 2023 applies where a person who does not belong to a particular class of public servants wears garb or carries a token resembling that used by that class, intending that others may believe, or knowing that they are likely to believe, that the person belongs to that class.

Current law: Section 205 forms part of Chapter XII of the Bharatiya Nyaya Sanhita, 2023, dealing with offences by or relating to public servants.

Text of Section 205 BNS

205. Wearing garb or carrying token used by public servant with fraudulent intent.

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.

Essential Ingredients of Section 205

The accused must not belong to the relevant class of public servants.
The accused must wear garb or carry a token resembling that used by that class of public servants.
The act must be accompanied by intent that it may be believed, or knowledge that it is likely to be believed, that the accused belongs to that class.

Resemblance alone is not sufficient: The statutory wording requires the specified intention or knowledge. Innocent use of clothing, insignia or an object is therefore distinguishable from conduct intended or known to create a false belief of public-service status.

Meaning of Garb or Token

Section 205 is framed broadly to cover both clothing or uniform-like garb and tokens or insignia resembling those used by a class of public servants. The resemblance need not necessarily amount to exact duplication if the statutory intention or knowledge is otherwise established.

Whether a particular item qualifies will depend on its appearance, use, surrounding circumstances and the class of public servants allegedly being imitated.

Fraudulent Intent or Knowledge

The mental element is central to Section 205. The prosecution must establish either an intention that others may believe the person belongs to the relevant class of public servants, or knowledge that such a belief is likely.

This distinguishes the offence from casual, theatrical, ceremonial or otherwise innocent use where the required intention or knowledge is absent.

Punishment, Cognizability, Bail and Court

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies Section 205 as follows:

Provision	Punishment	Cognizable	Bailable	Triable by
Section 205 BNS	Imprisonment of either description up to 3 months, or fine up to Rs. 5,000, or both	Yes	Yes	Any Magistrate

Difference Between Sections 204 and 205 BNS

Section 204 deals with falsely pretending to hold a public office, or personating another public servant, and doing or attempting an act under colour of that office.
Section 205 deals with wearing garb or carrying a token resembling that used by public servants with the required intention or knowledge.
Section 204 carries a substantially higher punishment and is non-bailable.
Section 205 is bailable and is punishable with imprisonment up to three months, fine up to Rs. 5,000, or both.

Official Resources

This page is intended as general legal information. Application of Section 205 BNS depends on the garb or token used, the class of public servants involved, the accused's intention or knowledge and the evidence.