संSamvidhan

Practice paper — IPC Chapter 7 — Offences Relating To The Army, Navy And Air Force

50 questions · answer key at the end · no time limit · 52 more on the site

samvidhan.co.in

1.Which categories of persons are specifically mentioned as the subject of protection in Section 131 of the IPC?
- (A) An officer, soldier, sailor or airman
- (B) Any government servant
- (C) Any citizen of India
- (D) Members of the police force
2.Section 131 of the IPC applies to persons serving in which of the following forces?
- (A) State police forces
- (B) Army, Navy and Air Force of the Government of India
- (C) Paramilitary forces
- (D) Any country's armed forces
3.Does Section 131 criminalise a mere attempt to seduce a soldier from his allegiance or duty even if the seduction is unsuccessful?
- (A) No — only successful seduction is penalised
- (B) Only if the attempt leads to mutiny
- (C) Yes — an attempt to seduce is itself punishable
- (D) Only if the seduction relates to allegiance and not duty
4.Who may be held liable under Section 131 for abetting mutiny or attempting to seduce a member of the armed forces?
- (A) Only officers within the armed forces
- (B) Only members of the armed forces
- (C) Only persons acting on behalf of a foreign power
- (D) Whoever abets or attempts (i.e., any person including civilians)
5.Which statement correctly reflects the punishment prescribed by Section 131?
- (A) The offender must be sentenced to both life imprisonment and up to ten years' imprisonment together
- (B) The offender may be punished with either life imprisonment or imprisonment (rigorous or simple) up to ten years, and shall also be liable to fine
- (C) Only a fine is imposed under the section
- (D) Maximum imprisonment under the section is 20 years
6.Who can be punished under Section 132 of the IPC for abetment of mutiny?
- (A) Only officers who abet mutiny
- (B) Only members of the armed forces who abet mutiny
- (C) Any person who abets the committing of mutiny by an officer, soldier, sailor or airman
- (D) Only civilians can be punished under this section
7.Which of the following punishments is explicitly provided by Section 132 IPC?
- (A) Community service
- (B) Imprisonment for life
- (C) Monetary penalty only
- (D) Exile
8.If a person abets mutiny but no mutiny is actually committed in consequence of that abetment, can they be punished under Section 132?
- (A) Yes, they can be punished regardless of whether mutiny occurs
- (B) No, punishment under Section 132 applies only if mutiny is committed in consequence of the abetment
- (C) Yes, but only with a fine
- (D) No, Section 132 applies only to attempted mutiny
9.Does Section 132 IPC apply to abetment of mutiny in a state's police force?
- (A) Yes — it applies to any armed force including state police
- (B) No — it applies only to the Army, Navy or Air Force of the Government of India
- (C) Yes — but only if the state government requests central action
- (D) No — it applies only when the abettor is a civilian
10.If convicted under Section 132, is the offender liable to pay a fine in addition to being sentenced to death or imprisonment?
- (A) Yes, the offender shall also be liable to fine
- (B) No, fine is an alternative to imprisonment or death
- (C) Fine applies only if the imprisonment is for a term up to ten years
- (D) The provision does not mention liability to fine
11.What is the maximum term of imprisonment prescribed by Section 133 of the IPC for abetment of an assault by a member of the armed forces on his superior officer in the execution of his office?
- (A) Imprisonment for a term which may extend to three years
- (B) Imprisonment for a term which may extend to five years
- (C) Imprisonment for a term which may extend to one year
- (D) Imprisonment for a term which may extend to seven years
12.Which of the following best describes who must have committed the assault for Section 133 to apply?
- (A) Any person (civilian or official) committing an assault
- (B) A police officer of any State
- (C) An officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
- (D) Any public servant in the course of duty
13.Must the person who abets the assault themselves be a member of the Army, Navy or Air Force for Section 133 to apply?
- (A) Yes, the abettor must also be in the armed forces
- (B) No, the provision begins with "Whoever abets..." indicating any person can be punished for abetment
- (C) Only if the abettor holds a military rank higher than the assailant
- (D) Only if the abettor is a superior officer
14.Would Section 133 apply if the superior officer assaulted was not "in the execution of his office" at the time of the assault?
- (A) Yes, because an assault on any superior officer is covered
- (B) Yes, but only if the assault occurred on military premises
- (C) Only if the abettor was also a member of the armed forces
- (D) No, the provision requires the superior officer to be in the execution of his office
15.Does Section 133 require the abettor to have physically participated in the assault for punishment to follow?
- (A) Yes, the abettor must have been physically present and taken part in the assault
- (B) Yes, the abettor must be a member of the armed forces and physically assist
- (C) No, the section punishes "Whoever abets" such an assault and does not require that the abettor physically participated
- (D) Only if the abettor gave a direct order to commit the assault
16.Who is punishable under Section 134 of the Indian Penal Code as given?
- (A) Whoever abets an assault by an officer, soldier, sailor or airman of the Army, Navy or Air Force on a superior officer who is in the execution of his office.
- (B) Anyone who directly commits an assault on a superior officer.
- (C) Anyone who abets an assault by a civilian on any person.
- (D) Any superior officer who is assaulted.
17.What is the maximum term of imprisonment provided by this Section when the offence is made out?
- (A) Three years
- (B) Seven years
- (C) Life imprisonment
- (D) Two years
18.Is a person punishable under this Section if they abet such an assault but the assault is not committed as a consequence of that abetment?
- (A) Yes — abetment alone is sufficient.
- (B) Yes — if there is intent to cause the assault.
- (C) No — only if the assault is committed in consequence of that abetment.
- (D) Only if the abettor is also an officer, soldier, sailor or airman.
19.Does Section 134 apply if the superior officer assaulted was not 'in the execution of his office' at the time of the assault?
- (A) Yes — the Section applies to any superior officer regardless of duty status.
- (B) Yes — if the assailant belongs to the Army, Navy or Air Force.
- (C) Only if the assault occurred on military premises.
- (D) No — the Section applies when the superior officer is 'in the execution of his office.'
20.Which of the following most accurately states the scope of Section 134 as written?
- (A) It punishes, with up to seven years' imprisonment and fine, whoever abets an assault by an officer/soldier/sailor/airman of the Army, Navy or Air Force on any superior officer when that superior is in the execution of his office, but only if the assault is committed in consequence of that abetment.
- (B) It punishes any assault by any person on a superior officer whether or not the superior is in the execution of his office.
- (C) It applies only when the attacker and the superior officer belong to the same branch of the Armed Forces.
- (D) It provides only for a fine and not imprisonment.
21.What is the maximum term of imprisonment prescribed for abetting the desertion of an officer, soldier, sailor or airman under this provision?
- (A) One year
- (B) Two years
- (C) Three years
- (D) Seven years
22.To which forces does this offence apply according to the provision?
- (A) Only the Army of the Government of India
- (B) Only the Navy of the Government of India
- (C) The Army, Navy or Air Force of the Government of India
- (D) All uniformed services including police and paramilitary forces
23.Does this provision apply to abetting the desertion of a police constable?
- (A) No, it does not apply to a police constable
- (B) Yes, it applies to all government employees
- (C) Yes, but only if the police constable is attached to the Army
- (D) Only if the constable is seconded abroad
24.Which of the following correctly states the sentencing options provided by the provision?
- (A) Only imprisonment (rigorous) for up to two years
- (B) Only a fine
- (C) Imprisonment of either description for up to two years, or a fine, or both
- (D) Imprisonment for life or a fine
25.Does the provision apply to abetting the desertion of a person who is no longer serving (a former soldier)?
- (A) Yes, it applies to anyone who once served
- (B) No, it applies to desertion of those serving in the Army, Navy or Air Force
- (C) Yes, but only if discharge was within the last year
- (D) Only if the person deserted while in service and later became a former soldier
26.Who can be prosecuted under Section 136 for harbouring a deserter?
- (A) Only civilians
- (B) Only members of the armed forces
- (C) Any person ('Whoever')
- (D) Only police officers
27.A person shelters an individual who in fact has deserted, but the shelterer neither knows nor has reason to believe that the individual has deserted. Under Section 136, is the shelterer punishable?
- (A) Yes, punishable regardless of knowledge
- (B) No, not punishable because the provision requires knowing or having reason to believe
- (C) Yes, punishable only if the deserter is an officer
- (D) Yes, punishable only if the deserter belonged to the Army
28.Does Section 136 apply to someone harbouring a deserter from a foreign army?
- (A) Yes, it applies to deserters of any country's armed forces
- (B) No, it applies only to deserters "in the Army, Navy or Air Force of the Government of India"
- (C) Yes, but only if the deserter is an officer
- (D) No, it applies only to deserters from the police
29.What does the phrase "except as hereinafter excepted" in the opening of Section 136 indicate?
- (A) That there are no exceptions to the section
- (B) That exceptions are reserved to be specified later in the statute
- (C) That exceptions are limited only to family members
- (D) That exceptions apply only to deserters from foreign forces
30.Under Section 137 of the IPC, who is made liable when a deserter from the Army, Navy or Air Force is concealed on board a merchant vessel?
- (A) The master or person in charge of the merchant vessel
- (B) The deserter concealed on board
- (C) The owner of the vessel
- (D) The port authority where the ship is docked
31.What is the maximum penalty specified by Section 137 for the master or person in charge in such a case?
- (A) A fine not exceeding two hundred and fifty rupees
- (B) A penalty not exceeding five hundred rupees
- (C) Imprisonment for up to six months
- (D) A penalty not exceeding fifty rupees
32.According to Section 137, the master may be held liable even though he was ignorant of the concealment if which of the following is true?
- (A) Only if he actually knew of the concealment
- (B) Only if the Government ordered the concealment
- (C) If he might have known of such concealment but for some neglect of his duty or but for some want of discipline on board the vessel
- (D) Only if the deserter had been forcibly placed on board
33.If the concealment of the deserter occurred and there was no neglect of duty by the master and no want of discipline on board, what does Section 137 indicate about the master’s liability?
- (A) He is liable but the penalty will be reduced
- (B) He is liable only if the owner consents
- (C) He is liable to imprisonment
- (D) He is not liable
34.Which statement best captures the effect of the master's ignorance under Section 137?
- (A) Ignorance is a complete defence even if the master was negligent
- (B) Ignorance does not prevent liability when the master might have known but for neglect of duty or want of discipline
- (C) Ignorance leads to an enhanced penalty beyond five hundred rupees
- (D) Ignorance is irrelevant and the master is always liable regardless of circumstances
35.Under Section 138 IPC, what is the maximum term of imprisonment that may be awarded for abetting an act of insubordination by a member of the armed forces?
- (A) Three months
- (B) Six months
- (C) One year
- (D) Two years
36.Which of the following persons' insubordination, if abetted, falls within Section 138 IPC?
- (A) An officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
- (B) Any government employee
- (C) Any civilian employee
- (D) Any police officer
37.Which mental element is expressly required by Section 138 IPC for criminal liability to arise for abetment of insubordination?
- (A) No specific knowledge is required; mere abetment is sufficient
- (B) Only intention is required, knowledge is unnecessary
- (C) Knowledge that the act is an act of insubordination is required
- (D) Accidental encouragement without awareness suffices
38.Does Section 138 IPC apply when a person knowingly abets insubordination but the insubordinate act is never actually committed?
- (A) Yes, punishment applies even if the act is not committed
- (B) Yes, if there was an attempt
- (C) Yes, if the abettor is a member of the armed forces
- (D) No; punishment applies only if the insubordination is actually committed in consequence of that abetment
39.Which scenario would fall within the scope of Section 138 IPC?
- (A) A person knowingly encourages a sailor of the Indian Navy to disobey an order, and the sailor disobeys as a result
- (B) A person unknowingly gives advice that turns out to be insubordination by an officer
- (C) A person knowingly encourages a private security guard to disobey orders and the guard disobeys
- (D) A person knowingly encourages a state police constable to disobey orders and the constable disobeys
40.What subject matter did Section 138A of the Indian Penal Code, 1860 address?
- (A) Regulation of inland fisheries
- (B) Jurisdiction over offences on foreign aircraft
- (C) Application of the foregoing sections to the Indian Marine Service
- (D) Definition of public servant
41.What is the legal status of Section 138A according to the text provided?
- (A) Repealed by the Amending Act, 1934 (35 of 1934), S. 2 and Sch.
- (B) Amended by the Amending Act, 1934 (35 of 1934)
- (C) Still in force under the Indian Penal Code, 1860
- (D) Replaced by a later provision in 1950
42.According to Section 139, which of the following persons is not subject to punishment under this Code for any of the offences defined in this Chapter?
- (A) A civilian employee of the Central Government
- (B) A person subject to the Army Act, the Army Act, 1950, the Naval Discipline Act/the Indian Navy (Discipline) Act, 1934, or the Air Force Act/the Air Force Act, 1950
- (C) A person charged with an offence committed outside this Chapter
- (D) A municipal police officer
43.Is a person subject to the Naval Discipline Act (Indian Navy (Discipline) Act, 1934) punishable under this Code for offences defined in this Chapter?
- (A) No
- (B) Yes
- (C) Only if tried by a civil court
- (D) Only if the offence is not covered by military law
44.Does Section 139 prevent persons subject to the Army Act, Naval Discipline Act or Air Force Act from being punished under this Code for offences that are not defined in this Chapter?
- (A) No, it prevents punishment under the Code for all offences
- (B) Yes, it prevents punishment under the Code for all offences
- (C) No, the exemption applies only to offences defined in this Chapter
- (D) Yes, but only if the person is also serving in active duty
45.Does Section 139 bar punishment under the Army Act (or other listed military Acts) for offences defined in this Chapter?
- (A) Yes, it bars punishment under both this Code and the military Acts
- (B) Yes, but only for statutory offences created after 1950
- (C) Only where a civil court has already convicted the person
- (D) No, it only states they are not subject to punishment under this Code
46.The provision uses the phrase "for any of the offences defined in this Chapter." Does this allow punishment under this Code for some but not all offences in this Chapter for persons subject to the listed Acts?
- (A) Yes, it allows punishment for certain offences in the Chapter
- (B) No, it prevents punishment under this Code for any (i.e. all) offences defined in this Chapter
- (C) Only where a military tribunal declines jurisdiction
- (D) Only for offences that carry a sentence less than one year
47.Which persons are excluded from the offence created by Section 140 IPC?
- (A) Soldiers, sailors or airmen in the Military, Naval or Air service of the Government of India
- (B) Any member of the police force
- (C) Any public servant
- (D) Private security guards
48.What mental element (mens rea) is expressly required under Section 140 IPC for the offence to be made out?
- (A) Intention that it may be believed he is such a soldier, sailor or airman
- (B) Intent to commit theft or fraud
- (C) Knowledge that the garb is prohibited
- (D) Intention to impersonate any government official
49.A person who actually is a serving soldier wears soldier's garb in public. Can he be punished under Section 140 IPC?
- (A) No, because Section 140 applies only to persons not being a soldier, sailor or airman
- (B) Yes, because wearing garb resembling a soldier's is prohibited regardless of status
- (C) Yes, but only if he intends to deceive civilians
- (D) No, unless the soldier is off-duty
50.If a civilian wears a uniform resembling that of a soldier but has no intention that anyone believe he is a soldier, is he punishable under Section 140 IPC?
- (A) No, because the section requires the intention that it may be believed he is such a soldier
- (B) Yes, mere wearing of the resembling uniform is enough
- (C) Yes, if the uniform closely resembles a soldier's garb
- (D) No, unless he also carries a token used by soldiers

Answer key

1. A2. B3. C4. D5. B6. C7. B8. B9. B10. A11. A12. C13. B14. D15. C16. A17. B18. C19. D20. A21. B22. C23. A24. C25. B26. C27. B28. B29. B30. A31. B32. C33. D34. B35. B36. A37. C38. D39. A40. C41. A42. B43. A44. C45. D46. B47. A48. A49. A50. A

Explanations

1. (A) The provision expressly refers to "an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India." Thus the listed categories (officer, soldier, sailor or airman) are the specific subjects mentioned. No other categories such as police or all citizens are named in the text.
2. (B) The section speaks of persons "in the Army, Navy or Air Force of the Government of India." Therefore it applies to the Indian Army, Navy and Air Force as stated. It does not mention police, paramilitary, or foreign armed forces in the text.
3. (C) The section explicitly penalises one who "attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty." The word "attempts" shows that an unsuccessful attempt is itself within the offence. The provision does not limit liability to cases where mutiny actually occurs.
4. (D) The section begins with the word "Whoever," indicating that any person who abets mutiny or attempts to seduce such a service member is liable. There is no textual limitation to officers, service members themselves, or foreign agents in the provision.
5. (B) The provision states punishment as "imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." This means the court may impose life or imprisonment up to ten years (not both concurrently), and a fine is additionally provided for. The text does not mention a 20-year maximum.
6. (C) The section begins with "Whoever abets the committing of mutiny... shall... be punished", which means any person who abets such mutiny is liable. The provision does not limit liability to officers or to civilians alone.
7. (B) Section 132 states the offender "shall... be punished with death or with imprisonment for life, or imprisonment... for a term which may extend to ten years". Imprisonment for life is therefore expressly provided.
8. (B) The section applies where the person "abets the committing of mutiny... shall, if mutiny be committed in consequence of that abetment, be punished". Thus punishment under s.132 follows only if mutiny is actually committed as a consequence of the abetment.
9. (B) The provision specifies mutiny "in the Army, Navy or Air Force of the Government of India." It therefore applies to those central armed forces and not generally to other forces such as state police.
10. (A) Section 132 ends by stating the offender "shall also be liable to fine," indicating a fine is an additional liability alongside the specified punishments (death, life imprisonment, or imprisonment up to ten years).
11. (A) The provision states the offender "shall be punished with imprisonment of either description for a term which may extend to three years." Thus the maximum term specified is three years.
12. (C) Section 133 applies specifically to an assault "by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India." Therefore the perpetrator must be one of those armed forces members.
13. (B) The section begins with "Whoever abets an assault..." which imposes liability on any person who abets such an assault; it does not limit the abettor to armed forces personnel.
14. (D) The provision specifically penalises abetment of an assault "on any superior officer being in the execution of his office," which means the protection applies when the superior officer is executing his office; if not, this section's requirement is not met.
15. (C) The language "Whoever abets an assault..." imposes liability on any person who abets the assault; the provision does not stipulate that the abettor must have physically participated, only that they abetted the assault.
16. (A) The provision states: 'Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall... be punished.' Thus liability is on the abetter in that specific circumstance.
17. (B) The provision specifies punishment 'with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.' The maximum term given is seven years.
18. (C) The provision conditions punishment on the assault being 'committed in consequence of that abetment.' Therefore, if the assault is not committed as a consequence, the Section's punishment does not apply.
19. (D) The provision specifically refers to assault 'on any superior officer being in the execution of his office.' Thus the applicability requires the superior officer to be in the execution of his office.
20. (A) The Section states punishment 'with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine' and is specifically for 'whoever abets an assault by an officer, soldier, sailor or airman... on any superior officer being in the execution of his office,' provided the assault is 'committed in consequence of that abetment.'
21. (B) The provision states the offender "shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both." Therefore the maximum term of imprisonment is two years.
22. (C) The provision specifically mentions "in the Army, Navy or Air Force of the Government of India," so it applies to those three forces of the Government of India.
23. (A) The provision is limited to "any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India." It does not extend to police personnel, so it does not apply to a police constable.
24. (C) The provision provides: "imprisonment of either description for a term which may extend to two years, or with fine, or with both," so the correct statement is imprisonment (either description) up to two years, or a fine, or both.
25. (B) The provision applies to abetment of the desertion of "any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India." It therefore targets desertion by those serving in those forces, not persons who are no longer serving.
26. (C) The section begins with the word "Whoever," indicating that any person who satisfies the elements of the offence may be liable. There is no limitation to civilians or to particular officials in the text itself.
27. (B) The offence requires the accused to be "knowing or having reason to believe" that the person "has deserted." If the shelterer neither knows nor has reason to believe, the mental element in the provision is not satisfied and the person is not made liable by the text.
28. (B) The provision specifies the persons as "an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India." Therefore it applies to deserters of those Indian forces as stated, not indiscriminately to foreign armed forces.
29. (B) The phrase "except as hereinafter excepted" indicates the section is subject to exceptions which are to be set out later in the Act. It shows the provision allows for specified exceptions elsewhere in the statute rather than asserting there are none.
30. (A) The provision states that "The master or person in charge of a merchant vessel, on board of which any deserter... is concealed, shall... be liable to a penalty..." It therefore makes the master or person in charge liable, not the deserter, owner or port authority.
31. (B) Section 137 provides that the master or person in charge "shall... be liable to a penalty not exceeding five hundred rupees." The text specifies a monetary penalty capped at five hundred rupees.
32. (C) The section expressly says the master, "though ignorant of such concealment, be liable... if he might have known of such concealment but for some neglect of his duty... or but for some want of discipline on board the vessel." Thus liability arises in that specific circumstance.
33. (D) Liability under the section is conditional: the master "though ignorant... shall be liable... if he might have known... but for some neglect... or but for some want of discipline." If neither neglect nor want of discipline exists, the stated ground for liability is absent, so the section does not make him liable.
34. (B) The provision begins "though ignorant of such concealment, be liable... if he might have known... but for some neglect of his duty... or but for some want of discipline." Thus ignorance does not prevent liability when the specified conditions (neglect or want of discipline) mean he might have known.
35. (B) The provision states the offender "shall... be punished with imprisonment of either description for a term which may extend to six months," so the maximum imprisonment specified is six months.
36. (A) The provision specifically refers to insubordination "by an officer, soldier, sailor or airman, in the Army, Navy or air Force, of the Government of India," so only those categories are covered.
37. (C) The section punishes "whoever abets what he knows to be an act of insubordination," which shows the abettor must know that the act is insubordination.
38. (D) The provision states the offender shall be punished "if such act of insubordination be committed in consequence of that abetment," so liability under this section requires that the insubordination be committed as a consequence of the abetment.
39. (A) Section 138 applies where one "abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or air Force, of the Government of India," and the act is committed in consequence. The first scenario meets the knowledge, membership (sailor in the Navy), and consequential commission requirements.
40. (C) The provision heading states 'Section 138A — Application of foregoing sections to the Indian Marine Service,' which shows it concerned applying the preceding sections to the Indian Marine Service. The text gives no other subject matter.
41. (A) The text explicitly reads 'Repealed by the Amending Act, 1934 (35 of 1934), S. 2 and Sch.,' indicating that Section 138A was repealed by that Act. The provision text does not state it was merely amended or remains in force.
42. (B) The provision states that no person subject to the Army Act (including the Army Act, 1950), the Naval Discipline Act/the Indian Navy (Discipline) Act, 1934, or the Air Force Act (including the Air Force Act, 1950) is subject to punishment under this Code for any offences defined in this Chapter. Thus persons subject to those military Acts are exempt from punishment under this Code for those offences.
43. (A) Section 139 explicitly provides that no person subject to the Naval Discipline Act/the Indian Navy (Discipline) Act, 1934 is subject to punishment under this Code for any of the offences defined in this Chapter. Therefore, such a person is not punishable under this Code for those offences.
44. (C) The provision is limited in scope: it says no person subject to the listed military Acts "is subject to punishment under this Code for any of the offences defined in this Chapter." It therefore exempts them only for offences defined in this Chapter, not for offences outside it.
45. (D) Section 139 specifies that such persons "is not subject to punishment under this Code" for offences in this Chapter. It does not state that punishment under the Army Act or other listed military Acts is barred; the exemption applies only to punishment under this Code.
46. (B) The wording "for any of the offences defined in this Chapter" indicates a categorical bar on punishment under this Code for those offences. Therefore, persons subject to the listed Acts are not subject to punishment under this Code for any (that is, all) offences defined in this Chapter.
47. (A) The provision begins with 'Whoever, not being a soldier, sailor or airman in the Military, Naval or Air service of the Government of India...' indicating that those who are soldiers, sailors or airmen in those services are excluded from the offence.
48. (A) Section 140 states the act must be done 'with the intention that it may be believed that he is such a soldier, sailor or airman,' so the requisite mental element is that specific intention.
49. (A) The section applies to 'Whoever, not being a soldier, sailor or airman...' Therefore a person who actually is a soldier is not within the class targeted by Section 140 and so is not punishable under this provision.
50. (A) Section 140 requires that the person 'wears any garb or carries any token ... with the intention that it may be believed that he is such a soldier, sailor or airman.' Without that intention, the statutory offence is not made out.