Section 171 IPC: Wearing Garb or Carrying Token Used by Public Servant
Section 171 of the Indian Penal Code, 1860 punished a person who did not belong to a particular class of public servants but wore garb or carried a token resembling that used by the class, with the intention that others may believe, or with knowledge that it was likely to be believed, that the person belonged to that class.
Text of Section 171 IPC
Meaning and Scope of Section 171 IPC
Section 171 protected against deceptive use of the appearance or identifying token of a class of public servants. The provision did not make every wearing of clothing similar to an official uniform, or every possession of a similar token, an offence. The statutory mental element was essential.
The person must not belong to the relevant class of public servants and must wear the resembling garb or carry the resembling token either with the intention that it may be believed, or with knowledge that it is likely to be believed, that the person belongs to that class.
Essential Ingredients of Section 171
| Ingredient | Requirement under Section 171 IPC |
|---|---|
| Status of accused | The person does not belong to the particular class of public servants concerned. |
| Garb or token | The person wears garb or carries a token resembling garb or a token used by that class of public servants. |
| Intention | The person intends that it may be believed that he belongs to that class of public servants; or |
| Knowledge | The person knows that it is likely to be believed that he belongs to that class. |
| Punishment | Imprisonment of either description up to three months, or fine up to Rs 200, or both. |
Meaning of Public Servant
The expression "public servant" was defined for the IPC by Section 21. Section 171, however, used the more specific formulation "a certain class of public servants". Its focus was therefore on a person falsely creating the appearance of belonging to the relevant class through resembling garb or a token, together with the intention or knowledge required by the section.
What Is Garb or a Token?
The statutory text refers to garb and token used by a class of public servants. In ordinary application, the important statutory question is whether the item worn or carried resembles garb or a token used by the relevant class closely enough for the required deceptive intention or knowledge to arise in the circumstances.
The offence is not framed merely around ownership or possession of an article. For garb, the provision expressly speaks of a person who wears it; for a token, it speaks of a person who carries it. These acts must be accompanied by the mental element specified in Section 171.
Intention or Knowledge Required
Section 171 provided two alternative forms of the required mental element. The person may act with the intention that it may be believed that he belongs to the class of public servants, or may act with knowledge that it is likely to be believed that he belongs to that class.
This requirement is significant because mere resemblance of clothing or a token, without the statutory intention or knowledge, does not by itself reproduce all the ingredients stated in Section 171.
Punishment Under Section 171 IPC
| Type of punishment | Maximum stated in Section 171 |
|---|---|
| Imprisonment | Imprisonment of either description for a term which may extend to three months. |
| Fine | Fine which may extend to Rs 200. |
| Combined punishment | Both imprisonment and fine may be imposed. |
Section 170 and Section 171 IPC - Difference
| Provision | Subject | Core statutory focus |
|---|---|---|
| Section 170 IPC | Personating a public servant | Falsely pretending to hold a particular public office or falsely personating another person holding such office, and in that assumed character doing or attempting to do an act under colour of such office. |
| Section 171 IPC | Wearing garb or carrying token used by public servant | Wearing resembling garb or carrying a resembling token, while not belonging to the relevant class, with the intention or knowledge specified by Section 171. |
Thus, Section 170 and Section 171 addressed related but distinct conduct. Section 171 did not require the additional element stated in Section 170 of doing or attempting to do an act under colour of an assumed office.
What Section 171 Does Not Automatically Criminalize
- Every instance of clothing that happens to resemble official clothing.
- Every possession of an object that resembles an official token.
- Conduct where the prosecution cannot establish the statutory intention or knowledge.
- Personation merely by label; the particular ingredients of Section 171 must be established for liability under this section.
Practical Legal Effect
Application of Section 171 required attention to the class of public servants concerned, whether the accused actually belonged to that class, the nature and resemblance of the garb or token, the act of wearing or carrying it, and the person's intention or knowledge regarding what others might believe. These elements distinguish the offence from innocent, accidental or otherwise non-deceptive resemblance.
Position After 1 July 2024
The Indian Penal Code, 1860 was replaced for the new criminal-law regime by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024, subject to applicable repeal and savings provisions. Section 171 IPC can therefore remain relevant where the earlier law governs the alleged conduct or proceeding. For conduct governed by the new regime, the applicable provision of the Bharatiya Nyaya Sanhita, 2023 should be examined.
Note: This article explains the pre-BNS statutory text of Section 171 IPC for general legal information. Application to a particular case depends on the facts and the law governing the relevant conduct.