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.
Simplified Explanation
This section addresses the offense of false personation, which occurs when a person pretends to be someone else in a legal proceeding, such as a suit or criminal prosecution, and performs actions like making false statements, confessing judgment, or becoming a surety.
Key Provisions of Section 242
Offense:
- False Personation:
The core offense involves pretending to be another person and carrying out various legal actions in the name of that person. This could be for the purpose of deceiving the court, public authorities, or other parties involved in a legal matter. - Acts Performed Under False Personation: Some of the key actions that fall under this section include:
- Making False Admissions or Statements: A person falsely pretending to be someone else could make admissions or statements that would influence the legal proceedings.
- Confessing Judgment: This refers to a person pretending to be someone else and agreeing to a judgment in a legal case.
- Issuing Legal Process: The false personator may cause legal processes such as summonses, warrants, or subpoenas to be issued in the name of the person they are impersonating.
- Becoming Bail or Security: The person may falsely act as a surety or provide bail for someone else in a legal case.
- Other Acts in Legal Proceedings: This section covers any other act done by the false personator that could impact a legal proceeding or suit.
Punishment:
- Imprisonment:
The punishment for this offense is imprisonment for a term of up to three years, which could be either simple or rigorous, depending on the circumstances. - Fine:
The offender may also be fined, or both imprisonment and fine can be imposed.
Explanation and Application
False Personation in Legal Matters
This section primarily targets individuals who impersonate someone else for the purpose of influencing a legal matter. False personation undermines the integrity of legal processes by making it possible for individuals to manipulate outcomes through deceit.
Examples of Offenses Under Section 242
- Impersonating to Settle a Debt:
A person may impersonate a debtor in a civil suit, falsely admitting guilt or agreeing to a judgment on behalf of the real debtor, who is evading the legal process. - Falsely Acting as Surety:
An individual may impersonate someone else in a criminal case to act as a surety for bail, intending to deceive the court into releasing the real offender. - Making False Confessions:
In a criminal trial, a person may impersonate an accused and falsely confess to a crime, thereby confusing the legal process or implicating someone unjustly.
Conclusion
Section 242 of the Bharatiya Nyaya Sanhita, 2023 seeks to punish individuals who falsely personate others in the context of legal proceedings, including admissions, confessions, and acts of bail or security. Such actions disrupt the fair administration of justice. The section imposes penalties of imprisonment for up to three years, along with a fine, ensuring that the legal system is not manipulated through deceitful impersonation.
