IPC 416→BNS 319(1)

IPC 416 to BNS 319(1): Cheating by personation

Section 416 IPC (1860) replaced by Section 319(1) BNS (2023)

View IPC Section 416 →View BNS Section 319(1) →

IPC 416 to BNS 319(1) at a Glance

Section 416 IPC (Cheating by personation) is now Section 319(1) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 416 to BNS 319(1)?

Section 416 IPC corresponds to Section 319(1) BNS. Section 319(1) BNS retains the definition, Explanation, and illustrations of Section 416 IPC without substantive change. While the definition remains the same, the Bharatiya Nyaya Sanhita, 2023 consolidates the definition and the punishing provision into Section 319 BNS, where Section 319(2) BNS raises the maximum punishment for cheating by personation from three years to five years.

IPC 416 vs BNS 319(1): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section416319(1)
OffenceCheating by personationSame
PunishmentNone of its own. Section 416 IPC defines cheating by personation and prescribes no punishment. Liability to punishment arises under Section 419 IPC, which provides imprisonment of either description for up to three years, or fine, or both.None of its own. Section 319(1) BNS defines cheating by personation and prescribes no punishment. Liability to punishment arises under Section 319(2) BNS, which provides imprisonment of either description for up to five years, or fine, or both.
FineNone of its own. Fines are prescribed under the punishing section, Section 419 IPC.None of its own. Fines are prescribed under the punishing provision, Section 319(2) BNS.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 416 and BNS 319(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 416, IPC 1860

416. Cheating by personation.—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.
BNS 2023 (in force)

Section 319(1), BNS 2023

(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.

Ingredients: IPC 416 vs BNS 319(1)

Under IPC 416
  1. The accused committed cheating within the meaning of Section 415 IPC
  2. The cheating was committed by pretending to be some other person, or by knowingly substituting one person for another, or by representing that the accused or any other person is a person other than he or such other person really is
Under BNS 319(1)
  1. Commission of cheating within the statutory definition under Section 318(1) BNS
  2. Cheating accomplished by pretending to be some other person, knowingly substituting one person for another, or representing a person to be other than who that person really is

What IPC 416 to BNS 319(1) Means for Pending Cases

For Section 416 IPC (now Section 319(1) BNS): under Section 319(1) BNS, the definition of cheating by personation remains unchanged, so charges for personation committed after the new Sanhita came into force cite Section 319 BNS while applying the same statutory test as before.

FAQs: IPC 416 to BNS 319(1)

What changed from Section 416 IPC to Section 319(1) BNS?▼

Section 319(1) BNS retains the definition, Explanation, and illustrations of Section 416 IPC without change in substance. The broader reform consolidates the definition and punishment into Section 319 BNS, raising the maximum term of imprisonment under Section 319(2) BNS from three years to five years.

Where does Section 416 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 416 IPC is located at Section 319(1) BNS, in Chapter XVII, Of Offences Against Property.

Does Section 416 IPC or Section 319(1) BNS apply to an act done before 1 July 2024?▼

Section 416 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 416 IPC. Section 319(1) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·