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.
Simplified Explanation
This section deals with the unauthorized use of military uniforms or tokens that are typically worn or carried by soldiers, sailors, or airmen in the service of the Government of India. Specifically, it prescribes punishment for anyone who:
- Wears military garb or carries tokens resembling those used by soldiers, sailors, or airmen, without actually being part of the Army, Navy, or Air Force, with the intention that others may believe they are part of the military forces.
The section states that anyone found guilty of this act can be punished with:
- Imprisonment of either description (simple or rigorous), for a term which may extend to three months.
- Or, a fine of up to two thousand rupees.
- Or, both imprisonment and fine.
Key Elements of Section 168
- Unauthorized Wearing of Military Garb or Tokens:
- The section applies to civilians or individuals who are not members of the military (Army, Navy, or Air Force).
- The key act prohibited here is the wearing of military-like uniforms or carrying military tokens, such as insignia, badges, or medals, which are exclusive to military personnel.
- Intent to Deceive:
- The person must intend that others may believe that they are a soldier, sailor, or airman by wearing the military garb or carrying military tokens. This intent to deceive is a critical element of the offense.
- For example, if someone wears a military uniform or medals in a public place and is trying to pass off as a member of the armed forces, this would fall under this section.
- Punishment:
- Imprisonment for up to three months: This could be either simple imprisonment or rigorous imprisonment, depending on the nature of the offense.
- Fine of up to two thousand rupees: This penalty can be levied separately or in addition to imprisonment.
- Both imprisonment and fine: The punishment may involve both forms of penalty, depending on the case and discretion of the court.
Purpose and Rationale
- Preventing Fraud and Misrepresentation:
- The primary aim of this provision is to prevent fraudulent or deceptive behavior, where a civilian might wear military uniforms or carry military tokens to gain privileges or advantages meant exclusively for military personnel.
- For instance, someone wearing a uniform might attempt to receive special treatment, travel privileges, or respect that would be reserved for a genuine soldier or airman.
- Protecting the Integrity of Military Symbols:
- Military uniforms and tokens are symbols of service, discipline, and sacrifice. Allowing unauthorized individuals to wear them could undermine their dignity and significance.
- This law helps to preserve the integrity of military symbols, ensuring that only those who are duly entitled to wear them, due to their service, are allowed to do so.
- Preventing Misuse of Military Status:
- The wearing of military garb or carrying tokens can also be a means of impersonating military personnel to gain unauthorized access to sensitive places or information, or to influence others by falsely asserting military status.
- Maintaining Public Order:
- Such misrepresentation could also cause public confusion or lead to disrespect towards the armed forces. For example, if someone falsely claims to be a soldier or sailor, it could lead to public disorder or altercations.
Application and Examples
- Civilian Impersonating Military Personnel:
- A civilian who is not part of the military, but wears a military uniform (such as an army suit, naval uniform, or air force flight suit) and claims to be a soldier, sailor, or airman to gain special treatment or privileges could be charged under this section.
- Fake Military Medals or Insignia:
- If a person is seen wearing military medals or insignia that they did not earn or are not entitled to wear, this section applies. For example, if someone who is not in the military wears a military decoration to appear as if they have been decorated for their service, they could be punished under this provision.
- Penalties for Violation:
- A person found guilty of impersonating a soldier by wearing military-like clothing could face three months in prison, a fine of up to two thousand rupees, or both, depending on the circumstances and the severity of the offense.
- Military Tokens:
- Similarly, carrying military tokens such as ID badges, rank epaulets, or medals without being a member of the armed forces with the intent to deceive, would lead to similar penalties.
Exceptions or Clarifications
- The law applies to anyone who is not a soldier, sailor, or airman. It does not apply to those who are legitimately in the armed forces or have earned the right to wear such garb or tokens.
- The section does not specify whether the person must be wearing the complete uniform or just a part of it (such as a token), but the intent to deceive is what makes the act punishable.
Conclusion
Section 168 of the Bharatiya Nyaya Sanhita (BNS) 2023 serves to prevent the unauthorized use of military uniforms and tokens by civilians. It aims to protect the integrity of the armed forces and prevent individuals from misrepresenting themselves as members of the military. The section punishes those who wear or carry military garb or tokens with the intent to deceive others into believing they are part of the Army, Navy, or Air Force. The penalties for such offenses include imprisonment (up to three months) and a fine (up to two thousand rupees).
