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KembaraXtra - Bharatiya Nyaya Sanhita - Section 168 - Wearing Garb or Carrying Token Used by Soldier, Sailor or Airman
Introduction
Section 168 of the Bharatiya Nyaya Sanhita, 2023, deals with the unauthorised wearing of clothing or carrying of tokens resembling those used by members of the Army, Naval or Air services of the Government of India.
The provision applies to a person who is not a soldier, sailor or airman in these services but wears such clothing or carries such a token with the intention of making others believe that they belong to one of these services.
The offence therefore concerns the deliberate creation of a false impression of membership in the armed services through the use of clothing or identifying tokens.
Meaning of Section 168
Under Section 168, a person commits an offence if they are not a member of the Army, Naval or Air service of the Government of India but wear clothing or carry a token resembling the clothing or token used by a soldier, sailor or airman.
However, resemblance alone is not sufficient. The person must act with the intention that others may believe they are a soldier, sailor or airman.
The provision therefore requires both the specified conduct and the intention to create a false impression of service membership.
Essential Ingredients of the Offence
1. The Person Must Not Be a Soldier, Sailor or Airman
The provision applies to someone who is not a soldier, sailor or airman serving in the Army, Naval or Air service of the Government of India.
2. Wearing Resembling Clothing or Carrying a Resembling Token
The person must wear clothing or carry a token that resembles clothing or a token used by a soldier, sailor or airman.
The section covers both wearing the relevant garb and carrying an identifying token.
3. Intention to Create a False Impression
The person must intend that others may believe they are a member of the relevant armed service.
This intention is an essential element of the offence.
Consequently, the provision is not directed at every instance of wearing similar clothing or possessing a resembling token. It addresses such conduct when accompanied by the intention specified in the section.
Punishment Under Section 168
A person who commits the offence under Section 168 may be punished with:
- Imprisonment of either description for a term extending up to three months; or
- A fine extending up to ₹2,000; or
- Both imprisonment and fine.
The provision therefore permits the court to impose imprisonment, a fine or both, subject to the stated maximum limits.
Classification of the Offence
According to the classification provided in the supplied text:
Nature of Offence: Cognizable.
Bail: Bailable.
Triable By: Any Magistrate.
Commentary
Section 168 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 140 of the Indian Penal Code, 1860.
According to the supplied commentary, the language of the provision remains substantially unchanged, except that the word “Military” has been replaced with “Army”.
The supplied commentary also indicates that the penalty has been modified, although the final portion explaining that change is incomplete in the provided extract.
Key Takeaway
Section 168 makes it an offence for a person who is not a soldier, sailor or airman in the Army, Naval or Air service of the Government of India to wear resembling clothing or carry a resembling token with the intention of making others believe that they belong to such a service.
The essential requirement is the intention to create a false impression of membership in the armed services.
The punishment may extend to three months’ imprisonment, a fine of ₹2,000, or both.
The offence is cognizable, bailable and triable by any Magistrate.
IPC Equivalent: Section 140 IPC.
Legislative Position: The expression “Military” has been replaced with “Army”, and the supplied commentary indicates a change in penalty.
Final Memory Formula:
SECTION 168 = NON-MEMBER OF ARMY, NAVAL OR AIR SERVICE + WEARING RESEMBLING GARB OR CARRYING RESEMBLING TOKEN + INTENTION TO CREATE FALSE BELIEF OF SERVICE MEMBERSHIP = UP TO 3 MONTHS’ IMPRISONMENT OR ₹2,000 FINE OR BOTH.
