Bharatiya Nyaya Sanhita, 2023
Section 319 BNS: Cheating by Personation
Section 319 of the Bharatiya Nyaya Sanhita, 2023 deals with cheating by pretending to be another person, knowingly substituting one person for another, or falsely representing the identity of oneself or another person.
Section 319(1) BNS - Meaning of Cheating by Personation
A person cheats by personation if he cheats by pretending to be some other person, by knowingly substituting one person for another, or by representing that he or any other person is someone other than who that person really is.
Section 319 is therefore a specific form of cheating in which the deception concerns identity. The underlying conduct must still amount to cheating; personation is the method by which the deception is carried out.
Essential Ingredients of Section 319 BNS
The following elements are central:
- there must be cheating;
- the cheating must involve pretending to be another person, knowingly substituting one person for another, or falsely representing a person's identity; and
- the false identity may relate either to the accused or to another person.
Because Section 319 uses the concept of "cheating," the definition in Section 318 BNS is relevant to understanding the required deception and inducement.
Personation of a Real, Imaginary or Deceased Person
The Explanation to Section 319(1) expressly states that the offence is committed whether the individual personated is a real or imaginary person.
One of the statutory illustrations goes further and shows that pretending to be a deceased person can also amount to cheating by personation.
Statutory Illustrations
Pretending to be a rich banker of the same name
A cheats by pretending to be a particular rich banker who happens to have the same name. The illustration states that A cheats by personation.
Pretending to be a deceased person
A cheats by pretending to be B, who is deceased. The illustration states that A cheats by personation.
Punishment, Cognizability, Bail and Trial Court
| Provision | Section 319(2) BNS |
|---|---|
| Offence | Cheating by personation |
| Punishment | Imprisonment of either description up to five years, or fine, or both |
| Cognizable | Yes |
| Bailable | Yes |
| Trial court | Any Magistrate |
Difference Between Section 318 and Section 319 BNS
Section 318 BNS contains the general definition and punishment structure for cheating. Section 319 applies where the cheating is carried out specifically by false personation or substitution of identity.
Not every false statement about identity will automatically amount to Section 319. The conduct must satisfy the statutory concept of cheating and the identity deception must fall within the personation described in Section 319(1).
Compounding Under the BNSS
Section 319(2) is listed in the BNSS compounding provisions as an offence that may be compounded by the person cheated, subject to the statutory requirements governing compounding.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult the Ministry of Home Affairs, India Code and NCRB resources listed in the right sidebar. The official Act and BNSS First Schedule prevail in case of any discrepancy in a secondary source.
Frequently Asked Questions
What is cheating by personation under Section 319 BNS?
It is cheating carried out by pretending to be another person, knowingly substituting one person for another, or falsely representing the identity of oneself or another person.
Can an imaginary person be personated?
Yes. The Explanation expressly states that the offence may be committed whether the personated individual is real or imaginary.
Can pretending to be a deceased person amount to personation?
Yes. One of the statutory illustrations specifically treats pretending to be a deceased person as cheating by personation.
What is the punishment under Section 319 BNS?
Section 319(2) provides imprisonment of either description up to five years, or fine, or both.
Is Section 319 BNS cognizable?
Yes. Section 319(2) is cognizable.
Is Section 319 BNS bailable?
Yes. The offence is bailable.
Which court tries Section 319 BNS?
The offence is triable by any Magistrate.
This page provides general legal information. Application of Section 319 depends on the facts, evidence and law applicable to the individual case.