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Introduction of Section BNS 205

BNS 205 deals with the crime of wearing the uniform or carrying a symbol used by public servants with fraudulent intent. If someone who is not a member of a specific class of public servants wears their uniform or uses their identification marks to deceive others into believing they belong to that class, they can be punished under this section. This section aims to prevent misuse of public servant attire or symbols.


The Bharatiya Nyaya Sanhita (BNS) Section 205 replaces the old Indian Penal Code (IPC) Section 171.



What is BNS Section 205 ?

BNS Section 205 prohibits any individual from wearing the garb (uniform) or carrying any symbol or token used by a specific class of public servants with the intention to deceive or fraudulently represent themselves as a member of that class. The purpose of this law is to maintain the integrity of public service and prevent people from misusing such uniforms or symbols to commit fraud.


BNS 205
BNS 205 deals with the crime of wearing the uniform or carrying a symbol used by public servants with fraudulent intent.

BNS 205 in Simple Points

  1. Wearing Public Servant Garb with Fraudulent Intent: This section applies to individuals who, without being a public servant, wear uniforms or carry tokens that resemble those used by certain public servants. The key issue here is the intention to deceive others into believing they are part of that group of public servants, even though they are not.
  2. Carrying Tokens Resembling Public Servant Marks: It’s not just wearing uniforms that is covered under this law. If someone carries a symbol, badge, or any kind of token that public servants use, with the intent to create a false impression that they belong to the class of public servants, it is an offense.
  3. Intention or Knowledge of Likely Deception: The law focuses on fraudulent intent. If the person knows or intends that others will likely believe they are a public servant because of what they are wearing or carrying, they are committing an offense. Even if the deception does not succeed, the intent alone makes the act punishable.
  4. Punishment Includes Imprisonment or Fine: Under this section, the punishment can be imprisonment for up to three months, a fine of up to five thousand rupees, or both. The law considers this offense serious enough to merit jail time, but the sentence is relatively short since the deception is typically non-violent.
  5. Preservation of Trust in Public Service: The purpose of this law is to maintain public trust in official uniforms and symbols. If people misuse public servant uniforms, it can cause confusion and undermine the integrity of public institutions. By punishing this behavior, the law aims to safeguard the authenticity and authority of public servants.

Section 205 BNS Overview

BNS Section 205 addresses the offense of wearing a uniform or carrying a token used by public servants with the intent to deceive others into believing that the individual belongs to a specific class of public servants. This section aims to prevent individuals from misrepresenting themselves as public servants to gain undue advantages or defraud others.

10 Key Points of BNS Section 205

  1. Misuse of Public Servant Identity: The section prohibits any individual from wearing a garb (uniform) or carrying any token that resembles those used by a specific class of public servants, with the intention to deceive others into believing they are a member of that class. This is a direct misuse of the symbols of public authority to manipulate situations or people.
  2. Intention to Deceive is Crucial: The central point of this section is the “fraudulent intent.” If a person wears a public servant’s uniform or uses their symbols with the knowledge or intention to make others believe they are an official public servant, even if no actual harm occurs, the act is punishable. The law focuses on the intent, not just the outcome.
  3. Fraudulent Use of Tokens or Badges: In addition to uniforms, the section covers carrying any symbol, badge, or token used by public servants. For example, if someone uses a police badge or any identification mark associated with a government office with the intent to deceive, they can be punished under this section.
  4. Deception Need Not Be Successful: Even if the person is not successful in deceiving anyone, merely attempting to present oneself as a public servant by wearing a uniform or carrying a token used by public officials is enough for the act to be considered a crime under BNS Section 205. The focus is on the intention to commit fraud or mislead.
  5. Penalties Include Imprisonment or Fine: The law prescribes punishment for this offense that may include imprisonment for a term of up to three months, a fine of up to ₹5,000, or both. This highlights that even minor fraudulent behavior involving the use of public servant symbols is treated seriously.
  6. Class of Public Servants: The section specifically addresses people who pretend to be part of a “class” of public servants. This includes police officers, military personnel, judges, or other government employees who wear uniforms or carry tokens representing their authority.
  7. Maintaining Trust in Public Service: This law exists to protect the public’s trust in the authority and responsibility associated with public servants. If unauthorized individuals misuse public servant symbols, it undermines the credibility and trust that society places in public officials, leading to confusion and mistrust.
  8. Cognizable Offense: This offense is classified as cognizable, meaning the police can arrest the individual without a warrant. This ensures that law enforcement can act immediately to stop such fraudulent acts.
  9. Bailable Offense: Although the offense is serious, it is classified as bailable, which means the accused has the right to seek bail and be released from custody while awaiting trial. The law permits bail in recognition that the offense may not necessarily involve violence or direct harm.
  10. Non-compoundable Offense: The offense is non-compoundable, meaning it cannot be settled between the accused and the complainant. Once the crime is reported, the legal process must take its course. This reflects the fact that such fraud affects the integrity of public service, not just individual parties.

BNS Section 205 Examples

  1. Example 1: A man who is not a police officer wears a police uniform and carries a fake badge while attending a local event. He tells people that he is part of the police force and uses his fake identity to access restricted areas. Even though no one believes him, and no harm is done, his intent to deceive others by pretending to be a public servant makes him liable for punishment under BNS Section 205.
  2. Example 2: A woman impersonates a government officer by wearing a government uniform and using an official government badge to gain entry into a restricted government building. She is caught before she can carry out any fraudulent activity, but her attempt to mislead people into believing she is a government officer is enough for her to be charged under this section.

BNS 205 Punishment

  1. Imprisonment: The offender can be sentenced to a maximum of three months imprisonment. The sentence length depends on the seriousness of the fraudulent intent and the damage caused by the deception.
  2. Fine: In addition to or instead of imprisonment, the offender may be fined up to five thousand rupees. The court can decide to impose a fine based on the circumstances of the offense.
BNS 205 punishment for misusing public servant symbols.
Punishment under BNS 205 for uniform misuse.

BNS 205 bailable or not ?

BNS Section 205 is a bailable offense. This means the accused can be granted bail as a matter of right, either by the police or the court.


Bharatiya Nyaya Sanhita Section 205

SectionDescription
OffenseWearing garb or carrying token used by public servant with fraudulent intent
PunishmentImprisonment up to 3 months or fine up to ₹5,000 or both
Nature of CrimeCognizable
BailableYes
CompoundingNon-compoundable
Trial CourtTriable by any Magistrate
Bharatiya Nyaya Sanhita Section 205

BNS Section 205 FAQs

What does BNS Section 205 cover?

BNS Section 205 applies to anyone who, with the intention to deceive, wears a uniform or carries a token resembling those used by public servants.

What is the punishment under Section 205?

The punishment can be imprisonment for up to three months, a fine of up to ₹5,000, or both.

Is BNS Section 205 a bailable offense?

Yes, it is a bailable offense, meaning the accused can secure bail and be released from custody.

What is the nature of the offense under this section?

It is a cognizable offense, meaning the police can arrest without a warrant and start an investigation.

Can the offense under Section 205 be settled between parties?

No, it is a non-compoundable offense, which means the parties involved cannot settle or compromise the matter.

Who will conduct the trial for this BNS 205 offense?

The trial will be conducted by any Magistrate, as the offense is triable by a Magistrate.


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