Section 319 of the Bharatiya Nyaya Sanhita (BNS) addresses the offense of “cheating by personation.” This section is part of Chapter XVII, which deals with offenses against property, and it was introduced in the 2023 Act, replacing similar provisions from the Indian Penal Code (IPC).
Definition and Provisions
According to Section 319, a person is considered to cheat by personation if they deceive someone by pretending to be another person or by knowingly substituting one individual for another. This includes situations where the impersonated individual may be real or imaginary.
Key Points:
- Definition: Cheating by personation occurs when an individual falsely represents themselves as someone else, which can involve:
- Pretending to be a different person.
- Misrepresenting themselves or another as someone they are not.
- Punishment: The penalty for committing this offense can include imprisonment for up to five years, a fine, or both.
Illustrations:
- Example 1: An individual pretends to be a wealthy banker with the same name to defraud others.
- Example 2: A person impersonates a deceased individual to commit fraud.
This section aims to address and penalize fraudulent activities that exploit the trust of individuals through impersonation, thereby enhancing legal protections against such deceitful practices.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
