Introduction of 168 BNS
168 BNS deals with the misuse of military identity. It criminalizes the act of civilians wearing military uniforms or carrying military tokens, such as badges or medals, with the intention to deceive others into believing that they are part of the Army, Navy, or Air Force. This provision safeguards the dignity, honor, and security of the armed forces, ensuring that military identity is not exploited for personal gain or fraudulent activities.
The Bharatiya Nyaya Sanhita (BNS) Section 168 replaces the old Indian Penal Code (IPC) Section 140.
What is BNS Section 168 ?
BNS Section 168 prohibits civilians from wearing uniforms or carrying military tokens used by soldiers, sailors, or airmen, with the intention to make others believe they are part of the military. If someone does this, they can be punished with up to 3 months of imprisonment, a fine up to ₹2,000, or both.
Section 168 Bharatiya Nyaya Sanhita
“Wearing garb or carrying tokens used by soldier, sailor or airman with intent to deceive.”
1. Meaning of the Section
BNS Section 168 makes it illegal for any civilian (non-military person) to wear a uniform or carry military tokens (like badges, medals, or ID cards) with the intent to deceive others into believing they are a member of the Army, Navy, or Air Force.
2. Purpose of the Law
The law is meant to:
- Protect the honor and respect of military uniforms.
- Stop civilians from misusing military identity to gain benefits, influence, or social respect.
- Prevent fraud, cheating, or security risks that may occur when someone pretends to be military personnel.
3. Key Features of BNS Section 168
- Applies only to civilians pretending to be military members.
- Covers both wearing uniforms and carrying tokens resembling military items.
- The act must be done with the intent to deceive.
- Punishable by imprisonment up to 3 months, or a fine up to ₹2,000, or both.
- Cognizable offence → police can arrest without a warrant.
- Bailable offence → accused can seek bail.
- Non-compoundable offence → cannot be privately settled; must go through court.
4. Why is BNS Section 168 Important?
- Maintains discipline and respect of the Armed Forces.
- Prevents impersonation of soldiers for personal gain (such as free entry, security bypass, or social status).
- Protects national security, since fake soldiers could misuse uniforms or tokens in sensitive areas.
5. Examples of BNS Section 168
Example 1:
A man wears a fake Navy officer’s uniform at a wedding to impress people. Since he dressed with the intention of deceiving, he can be punished under BNS Section 168.
Example 2:
Someone carries a false Army badge to get free entry into a restricted zone. This is also punishable under Section 168 because the intent was to deceive others.
Section 168 BNS Overview
BNS Section 168 of the Bharatiya Nyaya Sanhita makes it illegal for anyone who is not a soldier, sailor, or airman to wear military uniforms or carry tokens (like badges or medals) that look like they belong to the Indian Army, Navy, or Air Force. The goal of this law is to prevent people from pretending to be part of the military to deceive others. If someone is caught doing this, they can face a punishment of up to 3 months in jail, a fine of ₹2,000, or both.
Detailed Key Points of BNS Section 168
- Applicable to Civilians Only
This law applies to people who are not soldiers, sailors, or airmen. Only civilians pretending to be part of the military are punished under this section. - Offence by Wearing Uniforms
Wearing uniforms that resemble military garb is considered an offence if done with the intention of deceiving others into thinking that the person is a soldier, sailor, or airman. - Use of Military Tokens
Carrying or displaying tokens that look like official military items (such as badges or medals) is also punishable if the person does so to create the false impression of being part of the military. - Intent to Mislead
The offence under this section only occurs when the person is doing it intentionally to fool others into thinking they are in the military. If it’s done without intent to deceive, it may not be considered a crime. - Maximum Punishment
The person can be jailed for up to 3 months, fined ₹2,000, or both, depending on the severity of the offence. - Cognizable Offence
Since this offence is cognizable, the police can arrest the person without a warrant if they are caught violating this section. - Bailable Offence
The offence is bailable, meaning the person can be released on bail after being arrested for this violation. - Non-Compoundable
This offence is non-compoundable, meaning it cannot be settled between the accused and the complainant outside of court. - Trial by Magistrate
Cases under BNS Section 168 are handled by a magistrate. The person accused of the offence will have to appear before a magistrate for their trial. - Aim of the Law
The main purpose of this law is to protect the respect and honor of military uniforms and to prevent civilians from taking advantage of military identity for personal gain.
BNS Section 168: Simple Examples
- Example 1:
- A person in Delhi is seen wearing a uniform resembling that of an Army officer while attending a public function. He does this to gain respect from the public. He is arrested under Section 168 for pretending to be an Army officer.
- Example 2:
- A man in Mumbai is caught carrying a military ID card and badge that looks like an official military token, with the intention of gaining benefits at an airport. He is charged under BNS Section 168 for impersonating a soldier.
168 BNS Punishment
- Imprisonment:
- The offender may face up to 3 months of imprisonment if found guilty of wearing military garb or carrying tokens with deceptive intent.
- Fine:
- The offender may be fined an amount up to ₹2,000 or could face both imprisonment and fine.
BNS 168 bailable or not ?
Bailable: Yes, the offence is bailable under BNS Section 168, meaning the accused can be released on bail.
Comparison Table – BNS Section 168 vs IPC Section 140
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 168 | Prohibits civilians from wearing military uniforms or carrying military tokens (like badges or medals) with the intent to deceive others into believing they are soldiers, sailors, or airmen. | Imprisonment up to 3 months, or fine up to ₹2,000, or both. | Bailable (accused can seek bail) | Cognizable (police can arrest without warrant) | Any Magistrate |
| IPC Section 140 (Old) | Punished any person who wore the uniform or carried the token of a soldier, sailor, or airman with intent to deceive others into believing they were part of the armed forces. | Imprisonment up to 3 months, or fine up to ₹500, or both. | Bailable | Cognizable | Any Magistrate |
BNS Section 168 FAQs
Who is punished under Section 168?
Any civilian who wears military uniforms or carries military tokens with the intention to make others believe they are in the Indian Armed Forces can be punished under this section.
What is the punishment for violating BNS Section 168?
The punishment includes up to 3 months of imprisonment, a fine up to ₹2,000, or both.
Is BNS Section 168 bailable?
Yes, the offence is bailable.
Can someone be arrested without a warrant for BNS 168 offence?
Yes, since it is a cognizable offence, the police can arrest without a warrant.
BNS 168 the offence compoundable?
No, the offence is non-compoundable, meaning it cannot be settled out of court between the parties.
Conclusion
BNS Section 168 is a preventive law that safeguards the honor of military uniforms and tokens by penalizing civilians who misuse them. By modernizing the old IPC Section 140 and increasing penalties, it ensures that military identity is not exploited for fraud, prestige, or unlawful advantage. This provision strengthens national security and reinforces respect for the armed forces.
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Finished with BNS 168 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- Section 169 BNS : Candidate, electoral right defined.
- https://marriagesolution.in/bns_section/section-169-bns/
- 170 BNS : Bribery.
- https://marriagesolution.in/bns_section/170-bns/
- BNS 171 : Undue influence at elections.
- https://marriagesolution.in/bns_section/bns-171/
- BNS 172 : Personation at elections.
- https://marriagesolution.in/bns_section/bns-172/
- BNS 173 : Punishment for bribery.
- https://marriagesolution.in/bns_section/bns-173/
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