Wearing garb or carrying token used by public servant with fraudulent intent
Section 171 of the Indian Penal Code, 1860 deals with wearing garb or carrying token used by public servant with fraudulent intent. Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by 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 p The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by 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 imprisonment of either description, for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.
CHAPTER IXA
OF OFFENCES RELATING TO ELECTIONS
[CHAPTER IXA
OF OFFENCES RELATING TO ELECTIONS
Section 171, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 205 Wearing garb or carrying token used by public servant with fraudulent intent Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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The Bagalkot Rural Ps vs Hanamappa Sangappa Chimmalagi
Court's Decision & Legal Precedent
In electoral offence cases under Section 133 of the Representation of the People Act and Section 171(H) of the Indian Penal Code, the prosecution bears the burden of proving guilt beyond reasonable doubt through credible and reliable evidence. If the evidence presented by the prosecution is insufficient to establish the essential ingredients of the offence, the accused must be acquitted.
On this section: Electoral offence provision relating to personation at elections; the court acquitted the accused of charges under this section
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Deepak Saini vs State of Uttarakhand
Court's Decision & Legal Precedent
In cases where offences are classified as Category A under the Supreme Court's framework (offences punishable for less than 7 years imprisonment), anticipatory bail applications are not maintainable because the accused cannot be taken into physical custody and bail applications must be decided without physical custody or by granting interim bail, thereby rendering the anticipatory bail application unnecessary.
On this section: Offence of personation at elections - one of the charges against the applicant
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Alamanda Chalamayya vs The State of Andhra Pradesh
Court's Decision & Legal Precedent
When prima facie evidence exists based on witness statements collected during police investigation and a charge sheet has been filed, criminal proceedings cannot be quashed under Section 482 CrPC at the petition stage. The correctness of witness statements cannot be decided at this stage, and such matters must be decided by the trial court. However, the distinction between cases where quashing is warranted depends on whether material evidence exists showing the connection and role of the accused in the alleged offence. If such material exists, proceedings should continue; if no such material exists, proceedings may be quashed.
On this section: Illegal practice in connection with election - applied to alleged election code violation
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Surendra Rai vs The State of Bihar
Court's Decision & Legal Precedent
Recovery of foreign liquor from the residence of an accused person, even if not in conscious possession, constitutes sufficient grounds to reject an anticipatory bail application in cases involving violation of prohibition laws, as the material evidence of the offense outweighs claims of innocence and absence of criminal antecedents.
On this section: Wearing dress or carrying mark used by public servant with intent to personify - applied in the FIR registration
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Banti Raja@avin Singh S/o Shri Mohan Lal Aroda B/c Arora Punjabi vs State of Rajasthan through Pp
Court's Decision & Legal Precedent
When an accused has been in custody for a considerable period and the challan has been presented indicating completion of investigation, with trial expected to take significant time, it is just and expedient to grant regular bail under Section 439 Criminal Procedure Code, subject to the trial court's satisfaction of bail conditions, without prejudging the merits of the case.
On this section: Fabricating false evidence - charge related to false documentation
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 171
What have the courts held on Section 171 of the Indian Penal Code?
The Bagalkot Rural Ps vs Hanamappa Sangappa Chimmalagi (22 Oct 2019) is the leading judgment on this section among those set out below: Electoral offence provision relating to personation at elections; the court acquitted the accused of charges under this section. Another 4 judgments on this section are set out below. They run from 2014 to 2023.
How do I find court cases under Section 171 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 171, section 171 IPC, section 171 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with The Bagalkot Rural Ps vs Hanamappa Sangappa Chimmalagi (22 Oct 2019).
What should I read with Section 171 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 205 (Wearing garb or carrying token used by public servant with fraudulent intent), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 171 of the Indian Penal Code come into force?
Section 171 of the Indian Penal Code, cited as IPC 171, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.