Legal Provisions of Section 171 of Indian Penal Code, 1860.
Wearing garb or carrying token used by public servant with fraudulent intent:
This section penalises one who wears garb or carries token used by a public servant with fraudulent intent. It says that whoever, wears any garb or carries any token which has resemblance with any garb or token used by that class of public servants, even though he does not belong to that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with simple or rigorous imprisonment for a term extending up to three months, or with fine extending up to two hundred rupees, or with both. This section has certain similarity with section 140 of the Code wherein wearing garb or carrying token used by soldier, sailor or airman has been made punishable.
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ADVERTISEMENTS:
Whoever
The word ‘whoever’ seems to have been used in a very wide sense in this section. It may mean an ordinary person who does not come within the category of a public servant as defined by section 21 of the Code. It may also mean a public servant. This is inferable from the words ‘not belonging to a certain class of public servants.’ If a public servant belonging to one particular class wears any garb or carries any token resembling any garb or token used by another class of public servants, he is guilty if the other requirements of the section are met.
Mens rea
ADVERTISEMENTS:
The culpability under this section lies in the intention or knowledge on the part of the accused. The prosecution must either establish that the accused had intention that it might be believed that he belonged to that class of public servants of whose garb he was wearing or whose token he was carrying, or that he had knowledge that it was likely to be believed that he belonged to that class of public servants of whose garb he was wearing or whose token he was carrying.
The amount of fine is so small by today’s standards that it requires immediate appropriate enhancement.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by any magistrate.
