Section 140 IPC: Wearing garb or carrying token used by soldier, sailor or airman

Indian Penal Code, 1860

Section 140 IPC at a Glance

Section 140 IPC deals with wearing garb or carrying token used by soldier, sailor or airman. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 168 BNS.

Punishment

Imprisonment of either description for up to three months.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 168 →

Section 140 IPC Bare Act Text

140. Wearing garb or carrying token used by soldier, sailor or airman

Whoever, not being a soldier, sailor or airman in the Military, 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 five hundred rupees, or with both.

Source: Section 140, Indian Penal Code, 1860

Section 140 IPC in Simple Words

Section 140 of the Indian Penal Code (IPC) punishes a person who is not a soldier, sailor or airman in the Military, Naval or Air service of the Government of India and who wears a garb or carries a token resembling one used by such a soldier, sailor or airman, with the intention that it may be believed that he is one.

The punishment is imprisonment of either description for up to three months, or fine of up to five hundred rupees, or both.

The offence is cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 140 IPC

  • The accused was not a soldier, sailor or airman in the Military, Naval or Air service of the Government of India
  • The accused wore a garb or carried a token
  • The garb or token resembled one used by such a soldier, sailor or airman
  • The accused did so with the intention that it may be believed that he is such a soldier, sailor or airman

Punishment Under Section 140 IPC

Imprisonment

Imprisonment of either description for up to three months.

Fine

Fine of up to five hundred rupees, which may be imposed alone or together with imprisonment.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

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 five hundred rupees, or both.

Example of Section 140 IPC

In 2021, in Coimbatore, Manoj worked as a clerk at a transport office and was not a soldier, sailor or airman in the Military, Naval or Air service of the Government of India. While travelling by train, Manoj wore a white naval tunic and carried a brass identity token resembling the garb and token used by a sailor in the Naval service of the Government of India, with the intention that fellow passengers would believe that he was such a sailor. Manoj is punishable under Section 140 IPC.

When Section 140 IPC Does Not Apply

  • The person wearing the attire or carrying the token is an actual soldier, sailor or airman in the Military, Naval or Air service of the Government of India.
  • The clothing worn or item carried bears no resemblance to any garb or token used by a soldier, sailor or airman.
  • An actor wears military attire on a theatre stage for a play without any intention that onlookers believe he is really a soldier, sailor or airman.

Section 140 IPC in the BNS

Section 140 IPC is now covered under Section 168 BNS.

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 detailed comparison (IPC 140 vs BNS 168) →

FAQs on Section 140 IPC

What does Section 140 IPC provide?▼

It punishes a person who is not a soldier, sailor or airman in the Military, Naval or Air service of the Government of India and who wears a garb or carries a token resembling one used by such a soldier, sailor or airman, with the intention that it may be believed that he is one.

What is the punishment under Section 140 IPC?▼

Imprisonment of either description for up to three months, or fine of up to five hundred rupees, or both.

What must the accused intend under Section 140 IPC?▼

The accused must wear the garb or carry the token with the intention that it may be believed that he is such a soldier, sailor or airman.

Does Section 140 IPC apply to a soldier, sailor or airman?▼

No. It applies to a person who is not a soldier, sailor or airman in the Military, Naval or Air service of the Government of India.

Is an offence under Section 140 IPC cognizable and bailable?▼

It is cognizable and bailable.

Which court tries an offence under Section 140 IPC?▼

Any Magistrate.

Can an offence under Section 140 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 140 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 168 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·