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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.
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.
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.
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/ Subsections | Subject | 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. |
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:
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