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Section 168 of BNS is part of Chapter 8 - Offences relating to the army, navy and air force in Bharatiya Nyaya Sanhita 2023 Act. It addresses the issue of individuals unlawfully wearing military uniforms or carrying tokens used by soldiers, sailors, or airmen. This provision is aimed at preventing civilians or unauthorised persons from impersonating military personnel, which could lead to confusion or misuse of authority.

Definition of BNS Section 168

Section 168 of the BNS 2023 States:
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.

Explanation and Illustration of BNS Section 168

BNS Section 168 It is related to the crime of wearing uniforms or carrying symbols or tokens related to soldiers, sailors, or airmen. It deals with persons who are not authorised to wear such uniforms. The intent behind this section is to protect civilians or other unauthorised persons from assuming military garb because this could jeopardise the integrity and security of the military operation.
The law ensures that only real military personnel wear officially issued uniforms and use military symbols, thus keeping the ranks disciplined and preventing some individuals from misleading public or governmental officials by claiming a false military identity. Violators can be prosecuted in accordance with law, hence making military identity and uniform misuse very serious.

  • Illustration
    If Person A, a civilian, dons a military uniform to get into a prohibited area or to mislead others into thinking that he is an armed forces member, this will be an offense under Section 168. If Person A is caught impersonating a soldier by wearing an army uniform and using it to mislead others into thinking they hold military authority, they can be charged under this section. This then leads to facing the relevant legal consequences for the civilian. Section 168 provides protection to military identity and stops any misuse or impersonation of personnel in armed forces.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in Section 168

  1. Section 168 protects military uniforms and emblems from misuse in order to avoid deception and ensure discipline and professionalism of the armed forces. The act of this section would be helpful to maintain national security and to stop the misused identity of the military for illegal and fraudulent activities.
  2. This section makes it a criminal offense for individuals who are not members of the armed forces (Army, Navy, Air Force) to wear a uniform or carry any item resembling those used by these forces. The act must be done with the intent to deceive others into believing the person is part of the military
  3. The core point involved here is the intent to deceive. The person must attempt to gain others' belief that he is a member of the forces by donning such attire or even using something like insignia, badges, or decorations that appear to be similar to those used by the forces
  4. The offense is punishable by imprisonment for up to three months, or a fine of up to two thousand rupees, or both. This highlights that impersonating a member of the armed forces is a serious offense.

Differences Between Section 168 of BNS and its Equivalent IPC Section

This section outlines the key differences between Section 168 of BNS and its equivalent IPC section 140 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

BNS Sections/ SubsectionsSubject IPC Sections Summary of comparison
168 Wearing garb or carrying token used by soldier, sailor or airman. 140 'Military' is replaced by 'Army.' The upper limit of the fine has been increased from five hundred to two thousand rupees.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

  • Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
  • Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
  • Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
  • Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.

FAQs about Section 168 of the Bharatiya Nyaya Sanhita (BNS)

No specific exceptions are mentioned in Section 168 for civilians. However, authorised actors or personnel may be exempt when acting in official or ceremonial capacities​.
It prevents individuals from falsely claiming affiliation with the military, which could lead to fraud, unauthorised privileges, or undermining public trust in the armed forces​.
Yes, members of the armed forces can wear their uniform in public as long as it is for legitimate purposes, such as official duties or ceremonial events.
While both are considered serious offenses, Section 168 specifically addresses the unique nature of military uniforms and symbols, which are tightly regulated​
Yes, carrying items like military insignia, badges, or medals with the intent to deceive can also lead to prosecution
If the intent is to deceive, even a prank could lead to prosecution under this section.
Yes, foreigners who impersonate military personnel while in India can be prosecuted under Section 168 if they intend to mislead others about their affiliation with the armed forces​
 section 168 of bns

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