Bharatiya Nyaya Sanhita, 2023
BNS Section 319
Cheating by personation
In one line
BNS Section 319 deals with cheating by personation and replaces IPC 416 (now 319(1)), IPC 419 (now 319(2)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 319(2) | Cheating by personation. | Imprisonment for 5 years, or with fine, or with both. | Cognizable. | Bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 319
319. Cheating by personation.
(1) A person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is. Explanation.—The offence is committed whether the individual personated is a real or imaginary person. Illustrations. (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.
(2) Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
What changed from the IPC
- IPC 416 → BNS 319(1): Formal change.
- IPC 416 → BNS 319(1): This is a definition section which is presented as a sub-section in BNS without any change.
- IPC 419 → BNS 319(2): IPC section is included as a sub-section in BNS sans heading.
- IPC 419 → BNS 319(2): Upper limit of imprisonment is increased from three years to five years.
Frequently asked
What was BNS Section 319 in the IPC?
BNS Section 319 (Cheating by personation) replaces Sections 416, 419 of the Indian Penal Code, 1860. IPC 416 is now BNS 319(1). IPC 419 is now BNS 319(2).
What is the punishment under BNS 319(2)?
Cheating by personation – punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
Is BNS 319 bailable?
Bailable: BNS 319(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 314 — Dishonest misappropriation of property
- BNS 315 — Dishonest misappropriation of property possessed by deceased person at the time of his death
- BNS 316 — Criminal breach of trust
- BNS 317 — Stolen property
- BNS 318 — Cheating
- BNS 320 — Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
- BNS 321 — Dishonestly or fraudulently preventing debt being available for creditors
- BNS 322 — Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
- BNS 323 — Dishonest or fraudulent removal or concealment of property
- BNS 324 — Mischief