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Section 168: Wearing Garb or Carrying Token Used by Soldier, Sailor or Airman

Bharatiya Nyaya Sanhita • Chapter VII: Of Offences Against the State & Armed Forces • Official Statutory Text & Legal Guide

Chapter VII: Of Offences Against the State & Armed Forces
Any Magistrate
Bailable
Cognizable
Formerly Sec 140 IPC
Section 167 All 358 Sections of Bharatiya Nyaya Sanhita Section 169

Legal Commentary & Landmark Judgments: Section 168

Section 168 penalizes wearing any garb or carrying any token resembling any garb or token used by a soldier, sailor, or airman, with the intention that it may be believed that he is such a soldier, sailor, or airman, prescribing imprisonment up to three months, or fine up to five thousand rupees, or both.

  • Impersonation of Armed Forces: Wearing military camouflage uniforms, rank badges, or armed forces insignia without lawful authority.
  • Deceptive Intention: Worn with the intent that bystanders or authorities believe the person is a serving military soldier or officer.
  • National Security Safeguard: Prevents terrorists, criminals, or imposters from gaining access to sensitive cantonments or toll concessions (formerly Section 140 IPC).
Key Landmark Precedents:
  • State (NCT of Delhi) v. Navjot Sandhu (2005) 11 SCC 600: Noted that terrorists who attacked Parliament wore military and police uniforms to deceive security guards, highlighting the security dangers addressed by uniform impersonation provisions.
  • Ram Chandra v. State (1990): Affirmed that wearing military insignias with intent to deceive satisfies Section 140 IPC (Section 168 BNS).
Courtroom Practice & Strategic Litigation Guidance:

In theater, cinema, or fancy dress disputes where an actor wore an army jacket, establish absence of intent to deceive: showing that the uniform was worn for an artistic performance without claiming military authority completely disproves Section 168 BNS.

Section 167 All 358 Sections of Bharatiya Nyaya Sanhita Section 169