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BNS 2024ACTIVE FRAMEWORK
Section 230
Wearing Garb or Carrying Token Used by Public Servant
Replaces colonial-era: IPC 171
BailableCognizable: Non-CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 171 to BNS 230.
2
Maximum 3 months or fine of ₹2,000 preserved.
3
Non-cognizable — magistrate's order required for police action.
THE STATUTE
The Clause
Whoever, not being a public servant, wears any garb or carries any token resembling any garb or token used by a public servant with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he is a public servant, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both.
Legal Commentary
Section 230 is a lesser companion to Section 229 — targeting the act of wearing a public servant's uniform or carrying official insignia with the intent or knowledge that people will believe the wearer is a public servant, even before they commit any act under that assumed authority. This is the preparatory stage of impersonation: putting on the costume before committing the substantive fraud. It allows law enforcement to intervene earlier — when someone is spotted wearing a fake police uniform at a checkpoint, Section 230 provides authority to act without waiting for the person to actually attempt an official act. The maximum of 3 months reflects its character as a preparatory offence, significantly less than the 2 years for the completed impersonation offence under Section 229.
Case Simulations
"A person wearing a police uniform at a tollbooth intending to stop vehicles as if conducting a check — Section 230."
"Carrying a fake CBI identification badge intending it to be believed — Section 230."
Expert Insights
Section 230 is non-cognizable, so police cannot arrest without a magistrate's order for simply wearing a fake uniform. However, if the person also attempts any official act, Section 229 (cognizable) applies and police can act directly.