Section 205 IPC: False personation for purpose of act or proceeding in suit or prosecution

Indian Penal Code, 1860

Section 205 IPC at a Glance

Section 205 IPC deals with false personation for purpose of act or proceeding in suit or prosecution. It is bailable and non-cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 242 BNS.

Punishment

Imprisonment of either description for up to three years.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 242 →

Section 205 IPC Bare Act Text

205. False personation for purpose of act or proceeding in suit or prosecution

Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Source: Section 205, Indian Penal Code, 1860

Section 205 IPC in Simple Words

Section 205 of the Indian Penal Code (IPC) punishes falsely personating another, and in such assumed character making any admission or statement, confessing judgment, causing any process to be issued, becoming bail or security, or doing any other act in any suit or criminal prosecution.

The punishment is imprisonment of either description for a term which may extend to three years, or fine, or both.

The offence is non-cognizable and bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 205 IPC

  • The accused falsely personated another person
  • In such assumed character, the accused made an admission or statement, confessed judgment, caused process to be issued, became bail or security, or did any other act
  • That act was done in a suit or criminal prosecution

Punishment Under Section 205 IPC

Imprisonment

Imprisonment of either description for up to three years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine. The section fixes no amount.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

False personation for the purpose of an act or proceeding in a suit or prosecution carries imprisonment for up to three years, or fine, or both.

Example of Section 205 IPC

In 2019, during a criminal prosecution before a Magistrate in Madurai, the accused Harish was ordered to furnish a surety for his release. Naveen appeared before the Magistrate and falsely personated his neighbour Karthik, who owned orchards in the taluk. In that assumed character as Karthik, Naveen made a statement affirming that he was Karthik, produced revenue records in Karthik's name, and executed a surety bond to become bail for Harish in the criminal prosecution. Because Naveen falsely personated another person and in that assumed character became bail in a criminal prosecution, Naveen is punishable under Section 205 IPC.

When Section 205 IPC Does Not Apply

  • A person acts under his own true identity and does not pretend to be someone else.
  • A person assumes another individual's identity in a private transaction without making any admission, statement, confession of judgment, bail, security, process request, or other act in a legal proceeding.
  • The act performed in the assumed character takes place outside a civil suit or a criminal prosecution.

Section 205 IPC in the BNS

Section 205 IPC is now covered under Section 242 BNS.

Section 205 IPC is now Section 242 BNS, with the same title, the same words and the same punishment.

View detailed comparison (IPC 205 vs BNS 242) →

FAQs on Section 205 IPC

What does Section 205 IPC provide?▼

It punishes whoever falsely personates another, and in such assumed character makes any admission or statement, confesses judgment, causes any process to be issued, becomes bail or security, or does any other act in any suit or criminal prosecution.

What is the punishment under Section 205 IPC?▼

Imprisonment of either description for a term which may extend to three years, or fine, or both.

Which acts in an assumed character does Section 205 IPC specify?▼

Making an admission or statement, confessing judgment, causing process to be issued, becoming bail or security, or doing any other act in a suit or criminal prosecution.

Does Section 205 IPC apply outside a suit or criminal prosecution?▼

No. The act in the assumed character must be done in a suit or criminal prosecution.

Is an offence under Section 205 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 205 IPC?▼

A Magistrate of the first class.

Can an offence under Section 205 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 205 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 242 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·