Section 140 IPC - Wearing Garb or Carrying Token Used by Soldier, Sailor or Airman
Section 140 of the Indian Penal Code, 1860 punished a person who was not a soldier, sailor or airman but wore military garb or carried a resembling military token with the intention that others should believe that he was such a member of the armed forces.
Text of Section 140 IPC
140. Wearing garb or carrying token used by soldier, sailor or airman. Whoever, not being a soldier, sailor or airman in the Military, 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 five hundred rupees, or with both.
Meaning and scope of Section 140 IPC
The provision dealt with false appearance of armed forces status through military garb or a resembling token. Its language did not criminalize every instance of wearing clothing that happened to resemble military clothing. The statutory intention that it may be believed that the person is a soldier, sailor or airman was an essential element.
Essential ingredients
- The accused must not actually be a soldier, sailor or airman in the Military, Naval or Air service of the Government of India.
- The accused must wear garb or carry a token resembling garb or a token used by a soldier, sailor or airman.
- The resemblance must relate to the garb or token used by the armed forces personnel described in the section.
- The accused must act with the intention that it may be believed that he is such a soldier, sailor or airman.
Intention to create a false belief is essential
The words "with the intention that it may be believed" are central to Section 140. Accordingly, resemblance of clothing or possession of a similar-looking token, standing alone, does not reproduce every element stated in the section. The prosecution must establish the specified intention to create the belief that the person is a member of the relevant armed service.
Punishment and procedural classification
| Offence | Wearing military garb or carrying a resembling military token with intent that it may be believed the person is a soldier, sailor or airman |
|---|---|
| Maximum imprisonment | Three months, of either description |
| Maximum fine | Rs. 500 |
| Cognizable | Yes |
| Bailable | Yes |
| Triable by | Any Magistrate |
Under the First Schedule to the Code of Criminal Procedure, 1973, Section 140 IPC was classified as cognizable and bailable and was triable by any Magistrate.
Section 140 and Chapter VII of IPC
Section 140 was the final provision in Chapter VII of the IPC, dealing with offences relating to the Army, Navy and Air Force. The preceding provisions addressed mutiny, assault on superior officers, desertion, harbouring deserters, insubordination and the treatment of persons subject to specified service laws.
Section 140 and Section 171 IPC
Section 140 specifically concerned garb or tokens used by soldiers, sailors or airmen. A separate provision, Section 171 IPC, dealt with wearing garb or carrying a token used by a class of public servants with fraudulent intent. The applicable provision therefore depended on the statutory elements and the status that the alleged impersonation was intended to convey.
Historical amendment notes
1. Act 10 of 1927, section 2 and the First Schedule, substituted "sailor or airman" for the earlier wording "or sailor".
2. The same amending legislation substituted the reference to "Naval or Air" service for the earlier wording "or Naval".
3. The Adaptation of Laws Order, 1950 substituted "Government of India" for the former reference to "Queen".
Key point
For Section 140 IPC, the decisive statutory feature was not merely the appearance of the garb or token. The section expressly required an intention that it may be believed that the person was a soldier, sailor or airman.