Code:
Whoever, not being a soldier, 1 [sailor or airman] in the Military, 2[Naval or Air] service of the 3[Government of India], wears any garb or carries any token resembling any garb or token used by such a soldier, 1 [sailor or airman] with the intention that it may be believed that he is such a soldier, 1 [sailor or airman], shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Explanation:
This section states that whoever, with the intention of causing injury, danger, or annoyance to any person, or of inducing any person to do any act which he is not legally bound to do, or of inducing any person to refrain from doing any act which he is legally entitled to do, or with the intention of causing any public mischief, impersonates any military or naval officer, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Illustration:
Imagine someone dressing up in a military uniform, claiming to be an army officer, and then using this false identity to intimidate a shopkeeper into giving them goods without paying, or to gain entry into a restricted area. This would fall under the purview of Section 140 of the IPC.
Common Questions and Answers:
Q: What constitutes impersonation under Section 140?
A: It involves holding oneself out as a military or naval officer when one is not, with the intention of causing harm or deception.
Q: Does it matter if the person is actually in the military but is not authorized to be in a specific location or performing a specific duty?
A: Yes, even if someone is a genuine military personnel, if they impersonate a different rank or position, or act beyond their authorized duties, they can be charged under this section.
Q: What are the potential consequences of being convicted under Section 140?
A: A person convicted under this section can face imprisonment for up to three years, a fine, or both.
