Section 319 BNS: Cheating by personation
Bharatiya Nyaya Sanhita, 2023
Section 319 BNS at a Glance
Section 319 BNS deals with cheating by personation. It replaced Sections 416 and 419 IPC on 1 July 2024.
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.
Section 319 BNS Bare Act Text
(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.Illustrations.The offence is committed whether the individual personated is a real or imaginary person.
(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.
Source: Section 319, Bharatiya Nyaya Sanhita, 2023
Section 319 BNS in the IPC (Previous Law)
FAQs on Section 319 BNS
What is cheating by personation under Section 319(1) BNS?▼
It means cheating someone by pretending to be another person, or by using one person in place of another. The false identity must be used dishonestly. Mere use of a nickname or mistaken identity is not enough unless there is a dishonest intention.
Is online impersonation covered under Section 319(1) BNS?▼
Yes, if someone uses another person’s identity online to deceive others and obtain a benefit or cause loss, this provision can apply. The platform used does not matter. What matters is the dishonest impersonation and the cheating linked to it.
Under Section 319(1) BNS, can a person be punished even if no money was taken?▼
Yes. Actual monetary loss is not always necessary. If the impersonation was done with dishonest intent and the victim was deceived, the offence can still be made out.
Is Section 319(1) BNS the same as simple cheating?▼
No. Simple cheating is broader. This section is specific to cheating done by pretending to be someone else or by substituting one person for another.
What is cheating by personation under Section 319(2) BNS?▼
Section 319(2) BNS punishes cheating by personation, which is defined under Section 319(1) BNS as cheating someone by pretending to be another person, or by knowingly using another identity to mislead the victim. The core idea is false identity used as a tool for fraud. If there is no deception or dishonest gain, this section may not fit.
Is using a fake name enough for Section 319(2) BNS?▼
Not by itself. The false name must be used to deceive someone and cause a wrongful gain or loss. Courts usually look for both impersonation and cheating.
What is the punishment for Section 319(2) BNS?▼
The punishment is imprisonment of either description for up to five years, or fine, or both. The exact sentence depends on the facts, the loss caused, and the role of the accused.
Can Section 319(2) BNS be applied to online fraud?▼
Yes, very often. Fake profiles, cloned accounts, and identity-based scams can attract this provision if the accused used impersonation to cheat. The police usually examine digital evidence, chats, and payment trails.
Section 319 BNS: Sub-sections Explained
Section 319(1) BNS: Cheating by personation
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Bare Act Text
(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.Illustrations.The offence is committed whether the individual personated is a real or imaginary person.
(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.
Explained in Simple Words
Section 319(1) of the Bharatiya Nyaya Sanhita (BNS) defines cheating by personation. In simple terms, a person commits this offence when they cheat by pretending to be someone else, by knowingly substituting one person for another, or by representing that they or another person are someone other than who they really are. The false identity may be of a real or imaginary person, and may be used to obtain money, property, a benefit, or to cause harm to another person. This section applies where the deception is not just about a false promise, but about false identity itself.
It is often seen in cases involving fake names, impersonation in examinations, forged identity use, online fraud, or someone acting on another person's behalf without authority. The practical value of this section is that it targets identity-based fraud, which can cause serious harm even if the amount involved is small. While Section 319(1) BNS defines the offence, the punishment is prescribed under Section 319(2) BNS.
Key Ingredients
- Commission of cheating within the statutory definition under Section 318(1) BNS
- 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
Punishment
🔒 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.
💰 None of its own. Fines are prescribed under the punishing provision, Section 319(2) BNS.
Section 319(1) BNS defines cheating by personation and creates no separate punishment of its own. It has no separate entry in the First Schedule to the BNSS; procedural classification and punishment follow Section 319(2) BNS.
Real-World Example
When This Does Not Apply
- There was no deception or cheating within the statutory definition
- The accused did not pretend to be some other person, knowingly substitute one person for another, or misrepresent identity
- The act was a mistaken identity without any deliberate pretence or knowing substitution of persons
Previous Law
IPC 416 → Section 319(1) BNS
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(1) BNS, where Section 319(2) BNS raises the maximum punishment for cheating by personation from three years to five years.
Section 319(2) BNS: Punishment for cheating by personation
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Bare Act Text
(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.
Explained in Simple Words
Section 319(2) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for cheating by personation, which is imprisonment of either description for a term up to five years, or fine, or both. It applies when a person commits cheating by personation as defined under Section 319(1) BNS, such as pretending to be someone else or knowingly substituting one person for another to deceive a victim into delivering property or doing something they would not have done otherwise.
This section is often used in cases involving fake accounts, impersonation in business dealings, forged identity claims, online fraud, and scams where the wrongdoer acts in the name of another real or imaginary person. The law looks at both the dishonest intention and the act of pretending. If a person merely uses a false name without cheating, this section may not apply.
But if the false identity is used to deceive and gain an unfair advantage, Section 319(2) BNS becomes relevant. It matters because it helps police and courts punish frauds that rely on trust and identity deception.
Key Ingredients
- Commission of cheating as defined under Section 318(1) BNS
- Cheating committed by personation under Section 319(1) BNS by pretending to be another person or substituting persons
- Punishment under Section 319(2) BNS of imprisonment of either description for up to five years, or with fine, or with both
Punishment
🔒 Imprisonment of either description for a term which may extend to five years.
💰 The court may impose fine alone, or fine in addition to imprisonment.
Cheating by personation is punished with imprisonment of either description for a term extending up to five years, or with fine, or with both.
Real-World Example
When This Does Not Apply
- The accused did not practice personation, disguise, or substitution of identity
- The person used a known nickname, professional pseudonym, or alias without any intention to deceive or cheat
- The misidentification occurred purely by honest mistake or clerical error without dishonest intention
- The acts alleged did not fulfill the essential elements of cheating defined under Section 318(1) BNS
Previous Law
IPC 419 → Section 319(2) BNS
Section 419 IPC corresponds to Section 319(2) BNS. Section 319(2) BNS increases the maximum punishment for cheating by personation from three years under Section 419 IPC to five years under Section 319(2) BNS, while continuing to provide for fine, or both. In addition, the Bharatiya Nyaya Sanhita, 2023 consolidates the definition previously in Section 416 IPC and the penalty into a single Section 319(2) BNS.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·