Cheating by Personation Under the BNS (Section 319): IPC 419 Mapping (2026)
What cheating by personation means under Section 319 of the Bharatiya Nyaya Sanhita, 2023, how it maps to Sections 416 and 419 of the old IPC, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
Cheating by personation is an offence under Section 319 of the Bharatiya Nyaya Sanhita, 2023 (BNS). It covers a person who cheats by pretending to be someone else. It carries the old IPC crime of impersonation forward: Section 416 of the Indian Penal Code (the definition) and Section 419 (the punishment) are now Section 319 of the BNS. The punishment is imprisonment of up to five years, or fine, or both. Last verified October 2026.
- What it is: cheating by personation, meaning cheating while pretending to be another person, under BNS Section 319.
- Old law: IPC Section 416 (definition) and Section 419 (punishment).
- Punishment: imprisonment up to five years, or fine, or both.
- Classification: cognizable and bailable, triable by any Magistrate.
01The problem this section answers
Impersonation sits behind a large share of everyday fraud. Someone uses another person’s name, identity card, or online login to take a benefit, pass an exam, open an account, or collect money that is not theirs. The victim often learns of it only after the loss.
Simple cheating is dealt with under Section 318 of the BNS. But when the trick is a false identity, the law treats it as a separate, named offence, so that the fact of pretending to be another person is charged clearly. That offence is cheating by personation under Section 319.
02What BNS Section 319 covers
Section 319 of the BNS defines and punishes cheating by personation. Section 319(1) sets out the meaning. A person cheats by personation when he cheats by one of these acts:
- pretending to be some other person;
- knowingly substituting one person for another; or
- representing that he, or any other person, is a person other than he or that other person really is.
The offence is made out whether the person who is imitated is real or imaginary. So pretending to be a made up official can still be cheating by personation, as long as the other parts of cheating are present.
It still has to be cheating
Personation alone is not the offence. The core act of cheating must be there too: a dishonest or fraudulent deception that makes the victim deliver property, consent to keep property, or do or omit something that causes or is likely to cause harm. The false identity is the method.
Common real-world examples are using another person’s identity to sit an examination, posing as a bank or government officer to collect money, and using a stolen login or SIM to pass as the account holder.
03IPC 416 and 419 to BNS 319 mapping
Under the old Indian Penal Code, this offence was split across two sections. The BNS joins them in one section.
| Old law (IPC, 1860) | New law (BNS, 2023) | What it does |
|---|---|---|
| Section 416 | Section 319(1) | Defines cheating by personation |
| Section 419 | Section 319(2) | Punishment for cheating by personation |
So the search term "section 419 IPC in BNS" points to Section 319. The definition that was Section 416 and the punishment that was Section 419 now sit together as Section 319(1) and 319(2). For the full list of renumbered sections, see our IPC to BNS section mapping. For plain cheating, see cheating under BNS Section 318.
04Punishment, cognizable and bailable
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(2)).
- Maximum imprisonment: five years.
- Fine: yes, with or instead of imprisonment.
- Cognizable or not: cognizable, so the police can register a case and investigate without first getting a magistrate’s order.
- Bailable or not: bailable, so the accused can seek bail as a matter of course.
- Triable by: any Magistrate.
05What changed from the old law
The biggest change is the sentence. Under old IPC Section 419, cheating by personation was punishable with imprisonment of up to three years, or fine, or both. Under BNS Section 319(2), the maximum goes up to five years. The elements of the offence are carried over almost word for word from IPC Section 416.
The crime is the same old impersonation fraud. What changed is the ceiling on the sentence, which rises from three years to five.
In practice this means that a charge framed before 1 July 2024 stays under the IPC, while a first information report for an act on or after that date uses BNS Section 319. The higher maximum can also affect bail arguments and plea discussions.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Cheating by personation cases are charged and litigated in trial courts and High Courts across India, and counsel often need to find how a particular court has read Section 319 or the old Section 419. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. You can also follow a live matter and get cause lists and WhatsApp and email alerts before each hearing. To search this offence across the court system, start with case search across Indian courts.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not use customer case documents to train AI models.
07Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Bare text of BNS Section 319: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being read by the courts, so check the current text and take advice from counsel on your own facts.
08Frequently asked questions
What is Section 319 of the BNS?
Section 319 of the Bharatiya Nyaya Sanhita, 2023 is the offence of cheating by personation. It punishes a person who cheats by pretending to be someone else, by substituting one person for another, or by falsely representing who he or another person is.
Which IPC section is now BNS Section 319?
BNS Section 319 replaces Sections 416 and 419 of the Indian Penal Code. Section 416 defined cheating by personation and Section 419 set the punishment. Both are now joined in Section 319(1) and 319(2).
What is the punishment for cheating by personation under the BNS?
Imprisonment of either description up to five years, or fine, or both, under Section 319(2). Under the old IPC Section 419 the maximum was three years, so the ceiling has gone up.
Is cheating by personation a cognizable and bailable offence?
It is treated as a cognizable and bailable offence, triable by any Magistrate. This should be confirmed against the current First Schedule of the Bharatiya Nagarik Suraksha Sanhita and any state amendment before you act on it.
What is the difference between cheating and cheating by personation?
Plain cheating is under Section 318 of the BNS. Cheating by personation under Section 319 is a specific form where the deception is a false identity. The identity is the method used to cheat.
Can I find cheating by personation cases in Claw?
Yes. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. It helps you research and follow matters, but it does not give legal advice.