सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 205

Wearing garb or carrying token used by public servant with fraudulent intent

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).