Cheating by personation
What this section does
This section defines cheating by personation — a specific form of cheating where the offender pretends to be another person, substitutes one person for another, or misrepresents identity. The offence is complete whether the person impersonated is real or imaginary.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to 5 years, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused cheated (within the meaning of section 318)
- The cheating was effected by pretending to be another person, knowingly substituting one person for another, or representing that he or any other person is someone other than they really are
- The person impersonated may be real or imaginary
Practitioner note
The offence is complete regardless of whether the impersonated person actually exists. This section prescribes a higher punishment than basic cheating under sub-section 2 of section 318.
Derived from IPC s.416.
Read the official text
For the binding statutory text of BNS Section 319, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 319 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.