BNS Section 319- Cheating by personation | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 319 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
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 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 cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
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.
Procedural Details
Punishment
Imprisonment up to Five Year(s) + Fine
Nature of Offense
Cognizable
Bail Eligibility
Non-bailable
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Magistrate First Class
Frequently Asked Questions about BNS Section 319
What is Section 319 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: 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 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 cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
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.
What is the punishment under BNS Section319 ?
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Five Year(s) + Fine
Is BNS Section 319 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Non-bailableoffense.
Is BNS Section 319 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Which court has the jurisdiction to try cases under BNS Section 319 ?
Cases pertaining to this specific BNS section are triable by the Magistrate First Class.
Can BNS Section 319 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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