Section 205 BNS: Wearing garb or carrying token used by public servant with fraudulent intent
Bharatiya Nyaya Sanhita, 2023
Section 205 BNS at a Glance
Section 205 BNS deals with wearing garb or carrying token used by public servant with fraudulent intent. It is bailable and cognizable, triable by any Magistrate; it replaced Section 171 IPC on 1 July 2024.
Imprisonment of either description for up to three months.
Section 205 BNS Bare Act Text
205. Wearing garb or carrying token used by public servant with fraudulent intent
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.
Source: Section 205, Bharatiya Nyaya Sanhita, 2023
Section 205 BNS in Simple Words
Section 205 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who, not belonging to a certain class of public servants, wears any garb or carries any token resembling one used by that class, 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. The law stops impersonation by appearance even where no official act is performed.
This provision applies to anyone who uses such a uniform, dress, badge, or token with the required intention or knowledge to create a false impression of official status. Mere possession of a uniform or token is not enough unless the prosecution shows the intention or knowledge that others would believe the person belongs to that class of public servants.
Ingredients of Section 205 BNS
- Not belonging to a certain class of public servants
- The accused wore a garb or carried a token resembling one used by that class
- The intention that it may be believed, or the knowledge that it is likely to be believed, that he belongs to that class
Punishment Under Section 205 BNS
Imprisonment of either description for up to three months.
The offender may be punished with fine up to five thousand rupees alone or with both imprisonment and fine.
Wearing a garb or carrying a token of a class of public servants one does not belong to, with the stated intention or knowledge, carries imprisonment of either description for up to three months, or fine up to five thousand rupees, or both.
Example of Section 205 BNS
When Section 205 BNS Does Not Apply
- The accused belongs to the class of public servants whose garb or token he wears or carries
- The garb or token does not resemble any garb or token used by a class of public servants
- The accused had neither the intention that it may be believed nor the knowledge that it is likely to be believed that he belongs to that class of public servants
- The act is pretending to hold a particular office and doing an act under colour of it, which is punished under Section 204 BNS
Section 205 BNS in the IPC (Previous Law)
Section 205 BNS replaces Section 171 IPC from the old criminal code.
Section 171 IPC is now Section 205 BNS, with the same title and the same words for the offence. The only change is the fine, whose ceiling rises from two hundred rupees to five thousand rupees.
View IPC Section 171 →FAQs on Section 205 BNS
Is wearing a police uniform without permission an offence under Section 205 BNS?▼
Yes, if you do not belong to that class of public servants and wear it with the intention that it may be believed, or with the knowledge that it is likely to be believed, that you belong to that class. Mere casual possession without that intention or knowledge is not enough.
Does Section 205 BNS apply if no one was actually cheated?▼
Yes, actual cheating is not necessary. If the person wore the garb or carried the token with the intention that it may be believed, or the knowledge that it is likely to be believed, that he belongs to that class of public servants, the offence is made out.
What kind of items are covered under Section 205 BNS?▼
The section covers any garb or token resembling one used by a class of public servants, such as a dress, uniform, badge, or similar identifying token. It is not limited to police uniforms.
What is the punishment under Section 205 BNS?▼
The punishment under Section 205 BNS is imprisonment of either description for a term up to three months, or fine up to five thousand rupees, or both.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·