Cheating is not just about lying. It can also involve pretending to be someone else to deceive another person. This is called cheating by personation. Under the Bhartiya Nyay Sanhita (BNS) 2023, this offence is clearly addressed in BNS Section 319 Cheating by personation. Let’s break down what this section says, how it applies, and what courts have said in actual cases.
Short Note on BNS Section 319
- Title: Cheating by personation
- Nature of offence: Cognizable and non-bailable
- Punishment: Imprisonment up to 3 years, or fine, or both
- Type: Triable by Magistrate of the First Class
What is BNS Section 319 Cheating by personation?
BNS Section 319 Cheating by personation deals with cases where someone:
“Cheats by pretending to be someone else, or by knowingly substituting one person for another, or by pretending to be someone they are not.”
This also includes cheating while impersonating through electronic records, such as fake emails, social media profiles, or digital signatures.
Breaking it Down Simply
Let’s say Ramesh pretends to be Mohan and signs a loan agreement. The bank thinks it’s Mohan and grants the loan. Here, Ramesh is guilty under BNS Section 319.
So, key elements include:
- Deception
- False identity
- Gaining advantage or causing loss
Difference Between Cheating and Cheating by Personation
- Cheating (Sec 318 BNS): Misrepresenting facts to deceive someone.
- Cheating by personation (Sec 319 BNS): Pretending to be someone else while cheating.
Case Laws Related to BNS Section 319 Cheating by personation
1. Devendra Kumar v. State of U.P. (2015)
Facts: The accused used a fake identity to appear in a job exam.
Judgment: The court held that appearing on behalf of another candidate is a classic example of cheating by personation.
Relevance: Even temporary misrepresentation for advantage falls under BNS Section 319.
2. Ram Chander v. State (2017)
Facts: A person created a fake Facebook profile of a woman and tricked another person into sending money.
Judgment: The court ruled this as cheating by personation, especially through electronic means.
Relevance: Cyber impersonation is covered under this section.
3. State of Kerala v. S. Unnikrishnan (2021)
Facts: The accused posed as a government officer to collect bribes.
Judgment: The court found that false claims of being a public servant for personal gain amount to cheating by personation.
Relevance: Pretending to be a public authority can trigger BNS Section 319.
Examples of BNS Section 319 Cheating by personation
- A man wears a police uniform and collects money from shopkeepers.
- Someone gives an interview pretending to be another qualified candidate.
- A person uses another’s ID to buy goods on credit.
All of these are punishable under BNS Section 319.
Electronic Personation Under BNS
The law now includes digital and electronic means. So, even if you impersonate someone via:
- Emails
- WhatsApp or Telegram
- Instagram or Facebook
- Fake digital signatures
You can be prosecuted under BNS Section 319.
Why BNS Section 319 Cheating by personation is Important Today
In the age of the internet, impersonation has become easier. Fake accounts, job scams, and identity theft are growing threats.
That’s why BNS Section 319 takes a modern approach, recognizing electronic impersonation as a crime.
Burden of Proof
In such cases, the prosecution must prove:
- The accused acted dishonestly
- There was intent to deceive
- Identity was faked or substituted
- Loss or harm was caused to someone
Even attempt to impersonate can attract punishment under this section.
Punishment Under BNS Section 319
The section provides for:
- Up to 3 years imprisonment
- Or fine
- Or both
The court decides the punishment based on:
- Nature of cheating
- Extent of loss
- Motive
- Use of digital tools
Defences Available
An accused may claim:
- No intent to cheat
- Mistaken identity
- Lack of gain or loss
- No impersonation
However, such defences must be backed with evidence. Mere denial may not help.
Comparison with IPC 416
Before BNS, this offence was defined under Section 416 of IPC. The new law continues the same spirit but adds:
- Clear mention of electronic personation
- Updated language for digital frauds
This ensures better handling of modern-day crimes.
Tips to Avoid Being a Victim
- Verify identities, especially in online deals
- Avoid sharing OTP, passwords, or ID proof
- Cross-check job offers and documents
- Be cautious of people claiming government authority without ID
Conclusion
BNS Section 319 Cheating by personation is a crucial tool in modern criminal law. It safeguards people from frauds where identity is misused to cheat others.
As technology evolves, so do crimes. This law ensures that even digital impersonators face legal consequences.
Courts have consistently upheld that cheating under false identity – whether on paper or online – is a punishable offence. If someone gains your trust using a fake identity, they can be tried under BNS Section 319.
Disclaimer
This article is for educational and informational purposes only. It does not constitute legal advice. For any legal concerns or proceedings, please consult a qualified lawyer or legal expert.
