BNS Section 205 - Wearing Garb or Carrying Token Used by Public Servant

Whoever, not being a public servant, wears any garb or carries any token used by such public servant as such, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he is such public servant.

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Bailable, Non-cognizable

Official Text

“Whoever, not being a public servant, wears any garb or carries any token used by such public servant as such, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he is such public servant.”

Legal Analysis

Elements to Prove:

  • Not being public servant.
  • Wearing garb or carrying token.
  • With intent to deceive.

Potential Defenses:

  • Actually a public servant.
  • No intent to deceive.
  • Authorized use.

Practical Examples

What Constitutes the Offense:

Wearing police uniforms, carrying fake badges, using government insignia.

What Doesn't Constitute:

Costume parties, authorized use, or legitimate possession.

Punishment

Imprisonment up to 6 months, or Fine up to ₹500, or both

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