Section 168 BNS: Wearing garb or carrying token used by soldier, sailor or airman
Bharatiya Nyaya Sanhita, 2023
Section 168 BNS at a Glance
Section 168 BNS deals with wearing garb or carrying token used by soldier, sailor or airman. It is bailable and cognizable, triable by any Magistrate; it replaced Section 140 IPC on 1 July 2024.
Imprisonment of either description for up to three months.
Section 168 BNS Bare Act Text
168. Wearing garb or carrying token used by soldier, sailor or airman
Whoever, not being a soldier, sailor or airman in the Army, Naval or Air service of the Government of India, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both.
Source: Section 168, Bharatiya Nyaya Sanhita, 2023
Section 168 BNS in Simple Words
Section 168 of the Bharatiya Nyaya Sanhita (BNS) makes it an offence for any person who is not a soldier, sailor or airman in the Army, Naval or Air service of the Government of India to wear any garb or carry any token resembling that used by such a soldier, sailor or airman, with the intention that it may be believed that he is one. In simple terms, it punishes impersonating a member of the armed forces by wearing a military-style uniform, badge, or token to make others believe that the wearer serves in the Army, Navy or Air Force.
This section requires proof of intention. Merely wearing a costume in a play or film, without any intention to make people believe that the wearer is actually a serving soldier, sailor or airman, does not fall within this offence.
In practice, the law prevents misuse of armed forces uniforms and insignia to deceive the public or gain unlawful trust. An offender under this section can be punished with imprisonment of either description for up to three months, or with fine up to two thousand rupees, or with both.
Ingredients of Section 168 BNS
- A person who is not a soldier, sailor or airman in the Army, Naval or Air service of the Government of India
- Wearing a garb or carrying a token resembling one used by such a soldier, sailor or airman, with the intention that it may be believed that he is one
Punishment Under Section 168 BNS
Imprisonment of either description for up to three months.
Fine of up to two thousand rupees, which may be imposed alone or together with imprisonment.
Wearing a garb or carrying a token used by a soldier, sailor or airman, with the intention of being believed one, carries imprisonment for up to three months, or fine of up to two thousand rupees, or both.
Example of Section 168 BNS
When Section 168 BNS Does Not Apply
- The accused is a soldier, sailor or airman in the Army, Naval or Air service of the Government of India
- The garb or token does not resemble any garb or token used by a soldier, sailor or airman
- The accused did not wear the garb or carry the token with the intention that it may be believed that he is a soldier, sailor or airman
Section 168 BNS in the IPC (Previous Law)
Section 168 BNS replaces Section 140 IPC from the old criminal code.
Section 140 IPC is now Section 168 BNS, with the same title and the same intention to be believed a soldier, sailor or airman. Two things changed. The first service named is now the Army where the IPC names the Military, and the maximum fine is now two thousand rupees where the IPC set it at five hundred rupees. The imprisonment of up to three months is unchanged.
View IPC Section 140 →FAQs on Section 168 BNS
Under Section 168 BNS, is it illegal to wear an Army, Navy or Air Force uniform if I am not in the service?▼
Yes, Section 168 BNS can apply if a person who is not a soldier, sailor or airman in the service of the Government of India wears garb resembling theirs, or carries a similar token, with the intention of making others believe that he is such a person. The intention to create that false belief is a key part of the offence.
What does the police have to prove under Section 168 BNS?▼
The prosecution must show that the person was not a soldier, sailor or airman in the Army, Naval or Air service of the Government of India. It must also show that he wore garb or carried a token resembling what such personnel use, and did so with the intention that people should believe he was one of them.
Is Section 168 BNS bailable?▼
Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.
What is the punishment for pretending to be a soldier, sailor or airman under Section 168 BNS?▼
Section 168 BNS provides punishment of imprisonment of either description for a term which may extend to three months, or fine which may extend to two thousand rupees, or both. The exact punishment in a case will depend on the facts and the court's decision.
Under Section 168 BNS, what should I do if someone is pretending to be in the Army, Navy or Air Force?▼
You can make a complaint to the police and clearly describe the garb or token being used and why you believe the person is pretending to be service personnel. If possible, keep any messages, photos, or details of what the person said or did, because the intention to make others believe he is a soldier, sailor or airman matters under Section 168 BNS.
Have questions about Section 168 BNS?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·