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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

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 168 BNS
Wearing Garb or Carrying Token Used by Soldier, Sailor or Airman
 Imprisonment extending to 3 months, or fine extending to ₹500, or both. Bailable Cognizable Any Magistrate Formerly Sec 140 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

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