Section 319 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a comprehensive breakdown of Section 319 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, under Chapter XVII – Offences Against Property:
🎭 Section 319 – Cheating by Personation
📜 Statutory Text
A person is said to cheat by personation if they:
Pretend to be someone else,
Knowingly substitute another person, or
Represent that they—or another—are someone they are not (whether real or imaginary).
(sudhirrao.com)
Punishment: Whoever cheats by personation shall be subjected to imprisonment of either description for up to five years, and/or a fine.
(sudhirrao.com)
🔍 Key Highlights
Essence of the Offence:
The crux is deception undertaken by assuming another’s identity or misrepresenting identity to defraud or cheat.
Scope of Personation:
Applies even if the personated is an imaginative or fictitious character, broadening its reach significantly.
(sudhirrao.com)
Penalty:
Up to 5 years imprisonment,
Fine, or both.
(sudhirrao.com)
⚖️ Comparison with IPC
While the IPC did not have a standalone 'cheating by personation' offence, BNS §319 clearly defines and penalises it, simplifying prosecution in digital or impersonation fraud cases.
🧭 Practical Examples
| Scenario | Offence Applicable? |
|---|---|
| Using a deceased person’s identity to access their bank account | ✅ Cheating by personation |
| Pretending to be a doctor to lure patients into paying for fake treatments | ✅ Cheating by personation |
| Making up a fake persona online to trick someone into financial transactions | ✅ Cheating by personation |
✅ Summary
Section 319 BNS criminalises the act of assuming or pretending to be another person (real or made-up) to deceive, punishable with up to 5 years in prison, a fine, or both.
Would you like:
A comparison with Section 318 BNS (general cheating offences),
Recent case law where BNS §319 was applied,
Or legal advice on defences like lack of dishonest intent?
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