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Section319
The Bharatiya Nyaya Sanhita, 2023

Cheating by personation

In force From 01 Jul 2024 Act 45 of 2023 As on 14 Oct 2026

Act 45 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 319 of the Bharatiya Nyaya Sanhita, 2023 deals with 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. The Act came into force on 01 Jul 2024.

(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.

(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.

Section 319, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Replaces a provision of the Indian Penal Code

IPC 416 Cheating by personation Text carried over almost unchanged 99%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

How this offence is classified

From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.

OffencePunishment CognizableBailableTriable by
Cheating by personation. Imprisonment for 5 years, or with fine, or with both. Cognizable. Bailable. Any Magistrate.

The Bharatiya Nagarik Suraksha Sanhita, 2023

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Inst. of Chartered Accountants of India vs Vimal Kumar Surana

    Supreme Court of India 01 Dec 2010 Binding (Supreme Court) Reportable

    Decided under Indian Penal Code 416, which this section replaces. The court did not have this Act before it.

    Court's Decision & Legal Precedent

    Where an act or omission constitutes a violation of a special statutory regulation (such as Sections 24, 24A, 25, 26 of the Chartered Accountants Act) and simultaneously constitutes one or more distinct offences under the Indian Penal Code (such as impersonation under Section 419, forgery under Sections 465, 468, or seal counterfeiting under Sections 472, 473), a person may be prosecuted and punished for offences under the IPC notwithstanding the existence of the special statute and its prescribed regulatory penalties, provided the offences are distinct in their legal ingredients. The requirement under Section 28 of the Chartered Accountants Act for Council sanction applies only to prosecution 'under the Act' itself and does not extend to prosecution for IPC offences that happen to arise from conduct violating the Act. The expression 'without prejudice to any other proceedings' in Sections 24A and 26 demonstrates parliamentary intent to permit parallel criminal proceedings. Interpretation of special legislation that would preclude IPC prosecution must be avoided where such interpretation creates discrimination in treatment of serious criminal conduct or renders the special statute vulnerable to constitutional challenge under Article 14.

    On this section: Applied to establish that acts of impersonation, forgery and fraud constitute distinct IPC offences regardless of regulatory law violations

    Read the full order on eCourts India

  2. N. K. Prasada vs Govt. of India

    Supreme Court of India 12 Apr 2004 Binding (SC)

    Decided under Indian Penal Code 416, which this section replaces. The court did not have this Act before it.

    Court's Decision & Legal Precedent

    When a party with proper notice of proceedings chooses not to appear and participate in proceedings, including not cross-examining witnesses, they cannot later claim violation of principles of natural justice. The burden lies on the party to demonstrate both absence of proper notice and serious prejudice arising therefrom. Further, the Supreme Court may refuse to exercise its discretionary jurisdiction under Article 136 when the appellant has abused the process of court or engaged in fraud. The PIL mechanism, while intended for public interest, cannot be allowed to serve as a destructive weapon against legitimate government orders or decisions, and courts must exercise self-restraint in recognizing and preventing such abuse.

    On this section: Cheating by personation

    Read the full order on eCourts India

  3. Akhileshwar Kumar vs State of Nct of Delhi

    Supreme Court of India 29 Apr 2025 Persuasive (Other HC and Subordinate Courts)

    Court's Decision & Legal Precedent

    When an accused cooperates with police investigation without any evidence of non-participation or obstruction, custodial interrogation is not a legal necessity for granting bail. The test for anticipatory bail should focus on whether the accused's continued liberty poses a tangible risk to the investigation, rather than assuming custodial interrogation is inherently required. Bail with conditions ensuring investigative cooperation serves the twin objectives of protecting the accused's liberty and enabling effective investigation.

    On this section: These sections formed the basis of criminal charges against the petitioner in FIR No. 346/2024. The Court did not specifically analyze these sections but acknowledged the charges as forming the factual matrix for bail consideration.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 319

What have the courts held on Section 319 of the Bharatiya Nyaya Sanhita?

Inst. of Chartered Accountants of India vs Vimal Kumar Surana (01 Dec 2010) is the leading judgment on this section among those set out below, though it was decided under IPC 416, which this section replaced -- the court never mentioned this Act: Applied to establish that acts of impersonation, forgery and fraud constitute distinct IPC offences regardless of regulatory law violations. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2004 to 2025.

Is Section 319 of the Bharatiya Nyaya Sanhita bailable?

Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Is Section 319 of the Bharatiya Nyaya Sanhita cognizable?

Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.

How do I find court cases under Section 319 of the Bharatiya Nyaya Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 319, section 319 BNS, section 319 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 319(2). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Inst. of Chartered Accountants of India vs Vimal Kumar Surana (01 Dec 2010).

What should I read with Section 319 of the Bharatiya Nyaya Sanhita, and has it changed?

It carries forward IPC 416 (Cheating by personation), so the judgments decided under that provision are the case law on this one.

When did Section 319 of the Bharatiya Nyaya Sanhita come into force?

Section 319 of the Bharatiya Nyaya Sanhita, cited as BNS 319, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.