IPC 140 → BNS 168: Wearing Military Garb

Quick Summary: IPC 140 vs BNS 168

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 140 (Wearing Military Garb) sits among the IPC's offences against the State and the armed forces — the group the Bharatiya Nyaya Sanhita redrew more heavily than almost any other. Renumbered as BNS 168, the conduct is recast around the sovereignty, unity and integrity of India, with the colonial sedition offence replaced by a distinct provision targeting acts that endanger the nation, so wearing military garb must now be read through the new framework rather than the repealed IPC 140.

What did IPC 140 cover?

IPC 140 dealt with wearing military garb — wearing garb or carrying token used by soldier, sailor or airman with intent that it may be believed that he is such soldier. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 168: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to wearing military garb are filed under BNS Section 168, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 168

Same - Up to 3 months

Practical implications for advocates, police & citizens

• Advocates: Charges for wearing military garb in this group are grave, typically non-bailable Sessions matters — confirm the required prior sanction and frame them under BNS 168 rather than the repealed IPC 140.
• Police officers: Route a wearing military garb investigation through the prescribed sanctioning authority and cite BNS 168 in the FIR; procedure follows the BNSS.
• Law students & citizens: Because wearing military garb in this group carries severe punishment, never rely on the old IPC 140 number when checking your position under the new law.