Legal Provisions of Section 140 of Indian Penal Code, 1860.
Wearing garb or carrying token used by soldier, sailor or airman:
This section prohibits wearing of garb or carrying of token used by a soldier, sailor or airman with a view to keep the identity of men of the armed forces different and separate from that of the general public. It says that if anyone who is not a soldier, sailor or airman in the military, naval or air services of the Government of India, wears any garb or carries any token which resembles 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, he shall be punished with simple or rigorous imprisonment for a term extending up to three months, or a fine extending up to five hundred rupees, or with both.
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ADVERTISEMENTS:
In other words, the section prohibits giving of false impression to others that someone is a soldier, sailor or airman. The guilt lies in the intention of the person so doing that it may by believed that he is such a person which in reality he is not. Mere wearing of such garb or carrying such a token without the requisite intention does not make one guilty under this section, as is the case with an act or who wears such a garb during the course of a role or carries such token, or a poor man who wears an old rejected torn garb of a soldier, sailor or airman.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by any magistrate.