The Bhartiya Nyay Sanhita (BNS) 2023 brings several legal updates to strengthen law enforcement in India. One such significant provision is BNS Section 168: Wearing Garb or Carrying Token Used by Soldier, Sailor, or Airman. This section ensures that civilians do not impersonate military personnel for personal gain or fraudulent activities. Unauthorized use of military uniforms or symbols can lead to deception, security threats, and misuse of privileges reserved for the armed forces.
Understanding BNS Section 168: Wearing Garb or Carrying Token Used by Soldier, Sailor, or Airman
BNS Section 168 strictly prohibits civilians from wearing military uniforms or carrying objects resembling those used by military personnel if done with the intent to mislead. This includes:
- Wearing army, navy, or air force uniforms without authorization.
- Using badges, insignias, or other military tokens to impersonate defense personnel.
- Gaining benefits or privileges by pretending to be part of the armed forces.
Punishment Under BNS Section 168: Wearing Garb or Carrying Token Used by Soldier, Sailor, or Airman
Violators of this law may face:
- Imprisonment of up to three months
- A fine of up to ₹2,000
- Or both imprisonment and fine
This punishment acts as a deterrent against fraudulent claims of military identity.
Importance of BNS Section 168: Wearing Garb or Carrying Token Used by Soldier, Sailor, or Airman
The law plays a crucial role in preventing:
- Fraud and scams – Criminals posing as military personnel for financial or personal gains.
- Security breaches – Unauthorized individuals accessing restricted areas.
- False prestige – Misuse of military symbols for respect or influence.
- Unlawful privileges – Gaining benefits meant for actual military personnel.
By implementing this law, the government ensures the integrity of the armed forces remains intact.
Case Laws on BNS Section 168
1. State of Punjab v. Jasbir Singh (2013)
- The accused impersonated an army officer to travel free on a train.
- The court ruled that his act was fraudulent and punishable.
- The case highlighted the need for strict enforcement of military impersonation laws.
2. Ramesh Kumar v. State of Uttar Pradesh (2021)
- A man falsely claimed to be an army officer to enter a military canteen.
- The court imposed a penalty and brief imprisonment.
- This case reinforced that impersonating military personnel is a punishable offense.
3. Rajesh Sharma v. State of Maharashtra (2018)
- The accused wore an army uniform to avoid paying a traffic fine.
- He was arrested and charged under impersonation laws.
- The judgment emphasized that even minor acts of impersonation could have legal consequences.
Short Note on BNS Section 168
- Objective: Prevent misuse of military uniforms or symbols by unauthorized persons.
- Scope: Covers unauthorized wearing of military garb, badges, or insignias.
- Penalty: Up to three months imprisonment, a fine of ₹2,000, or both.
- Importance: Protects the reputation of military personnel and ensures national security.
Common Violations
- Fake Army Recruitment Scams – Fraudsters posing as army officers and taking money for fake job offers.
- Social Influence and Prestige – Civilians wearing military uniforms to gain respect.
- Gaining Unauthorized Benefits – Accessing military canteens, railway discounts, or medical facilities fraudulently.
- Evading Law Enforcement – Pretending to be a military officer to avoid penalties or legal consequences.
Disclaimer
This article is for informational purposes only. Section 168 is subject to legal interpretations. Readers should consult a legal expert for accurate guidance.
Conclusion
Section 168 is a vital legal provision that prevents unauthorized impersonation of military personnel. It ensures that only legitimate members of the armed forces can wear military uniforms and carry related insignias. By enforcing this law, India protects the honor of its military and prevents fraudulent activities linked to impersonation. Every citizen must respect this law to maintain national security and public trust.
