Section 205 BNS: Wearing Garb or Carrying Token Used by Public Servant with Fraud Intent (Formerly Section 171 IPC)

Section 205 of Bharatiya Nyaya Sanhita: Wearing Garb or Carrying Token Used by Public Servant with Fraud Intent

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 205

Section 205 criminalises wearing garb or carrying tokens used by public servants with the fraudulent intent that it may be believed that the person belongs to that class of public servants.

Prohibited Garb or Token: Wearing any dress, uniform, emblem, or carrying any token resembling that used by a public servant.
Absence of Authority: The person does not legally belong to that specific cadre or service.
Fraudulent Intent: Possessing the deliberate intention that onlookers believe the wearer is an authentic public servant.

Key Landmark Precedents:

Babulal v. State of Maharashtra (1993) Supp 3 SCC 419: Affirmed that deceptive visual resemblance designed to hoodwink the public into submitting to unlawful demands satisfies the statutory requirement of fraudulent intent.
State of H.P. v. Gian Chand (2001) 6 SCC 71: Reiterated that possession and display of security force insignia by unauthorised civilians is a serious threat to law and order, requiring strict penal enforcement.

Courtroom Practice & Strategic Litigation Guidance:

Seizure memos under Section 185 BNSS must clearly record the recovered uniforms, belts, or badges with photographs. Defence counsel should assess whether the uniform was used for theatrical, cinematic, or innocent carnival purposes without fraudulent mens rea.

Section 205: Wearing Garb or Carrying Token Used by Public Servant with Fraud Intent

Section 205 of Bharatiya Nyaya Sanhita: Wearing Garb or Carrying Token Used by Public Servant with Fraud Intent

Legal Commentary & Landmark Judgments: Section 205