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TIPS & EXPERT ADVICE ON ESSAYS, PAPERS & COLLEGE APPLICATIONS

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.

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Mens rea

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.

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