Bharatiya Nyaya Sanhita: Section 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 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.

Simplified Explanation

Section 319 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) defines the offense of cheating by personation, which occurs when a person cheats by pretending to be someone else or by substituting one person for another.

Key Elements of Section 319:

1. Definition of Cheating by Personation (Subsection 1):
   • A person cheats by personation if:
     • They pretend to be another person.
     • They knowingly substitute one person for another.
     • They represent that they or another person is someone other than who they really are.
   • Explanation: The offense is committed whether the person being personated is real or imaginary.
2. Illustrations of Cheating by Personation:
   • (a) A cheats by pretending to be a wealthy banker with the same name as another person. This is cheating by personation.
   • (b) A cheats by pretending to be B, a person who is already deceased. This is also cheating by personation.
3. Punishment for Cheating by Personation (Subsection 2):
   • Whoever cheats by personation can face:
     • Imprisonment (either description) for up to five years, or
     • Fine, or both imprisonment and fine.

Summary of Section 319:

• Cheating by personation involves pretending to be someone else or knowingly substituting one person for another in order to deceive others and cause harm or gain an unfair advantage.
• The punishment for this offense can include up to five years of imprisonment, a fine, or both, depending on the circumstances.