Wearing a military-style costume, like for Halloween or a school play, is illegal under this law.

The law only applies when someone wears the uniform or token with the specific intention of making others believe they are really a soldier, sailor, or airman — not for costumes, films, or theatre.

This section punishes anyone who wears clothes that just look vaguely military.

The clothing or token must closely resemble what is actually used by the armed forces, and there must be clear intent to deceive — accidental similarity isn't enough.

Bharatiya Nyaya Sanhita, 2023

Section 168

Wearing garb or carrying token used by soldier, sailor or airman

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.§

Why this exists

This provision continues a rule first introduced in the Indian Penal Code (as Section 140) during British colonial rule. It was meant to protect the dignity, trust, and public respect associated with military uniforms and insignia, and to prevent impostors from misusing the authority, credibility, or privileges that come with being seen as a member of the armed forces. It also guards against fraud, since people may trust or defer to someone dressed as military personnel.

How courts read it

Courts interpreting the identical predecessor provision (IPC Section 140) have emphasized that mere wearing of similar-looking clothing is not enough — the prosecution must show a deliberate intention to deceive others into believing the person is really part of the armed forces. Accidental or coincidental resemblance, or wearing military-style clothing without any intent to impersonate (e.g., for fashion, theatre, or protest), has not been treated as sufficient for conviction. There are no widely reported landmark judgments specifically on this exact section since it is rarely litigated at higher court levels.

Common misconceptions

Myth: Wearing a military-style costume, like for Halloween or a school play, is illegal under this law.
Fact: The law only applies when someone wears the uniform or token with the specific intention of making others believe they are really a soldier, sailor, or airman — not for costumes, films, or theatre.
Myth: This section punishes anyone who wears clothes that just look vaguely military.
Fact: The clothing or token must closely resemble what is actually used by the armed forces, and there must be clear intent to deceive — accidental similarity isn't enough.