Bharatiya Nyaya Sanhita, 2023
Section 205
Wearing garb or carrying token used by public servant with fraudulent intent
Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
Why this exists
This provision (earlier Section 140 of the Indian Penal Code, 1860) exists to protect public trust in the authority of uniforms and official symbols. Uniforms and badges signal that a person has government power — to arrest, inspect, collect fees, or enforce rules. If anyone could wear a police uniform or forest-guard badge without consequence, it would let fraudsters extort money, gain unfair access, or intimidate ordinary citizens by pretending to have official authority. The law thus criminalizes impersonation-by-appearance, distinct from more serious offences like actually pretending to discharge official duties.
Common misconceptions
- Myth: You must verbally claim to be a public servant to be punished under this law.
Fact: The law focuses on wearing the garb or carrying the token with intent or likely effect of deception — spoken claims aren't required. - Myth: Wearing a costume similar to a police uniform for a play or fancy dress is illegal under this section.
Fact: The section requires intention or knowledge that people would believe you are actually that public servant; harmless costume use without such intent generally doesn't meet this threshold (simplified).