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Section 242: False Personation for Purpose of Act or Proceeding in Suit/Prosecution

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Magistrate 1st Class
Bailable
Non-Cognizable
Formerly Sec 205 IPC
Section 241 All 358 Sections of Bharatiya Nyaya Sanhita Section 243

Legal Commentary & Landmark Judgments: Section 242

Section 242 criminalises false personation for the purpose of any act or proceeding in a suit or criminal prosecution, or becoming bail or security in an assumed character.

  • Personation in Legal Proceeding: Falsely personating another person in a court or judicial proceeding.
  • Court Act Done: Making an admission, confessing judgment, presenting pleadings, or standing as surety/bail in the assumed character.
  • Absence of Authority: Acting without lawful power or authority in the personated name.
Key Landmark Precedents:
  • Babulal v. State of Maharashtra (1993) Supp 3 SCC 419: Affirmed that impersonating another person to furnish bogus surety bonds for bail strikes at the heart of judicial security and warrants strict punishment.
  • Empress v. Mula (1879) ILR 2 All 105: Held that presenting oneself before a Magistrate as a surety under a false name is a completed offence under this provision.
Courtroom Practice & Strategic Litigation Guidance:

Courts now mandate biometric Aadhaar verification and physical inspection of revenue title deeds for sureties. When fake sureties are caught, courts proceed under Section 242 alongside Section 379 BNSS.

Section 241 All 358 Sections of Bharatiya Nyaya Sanhita Section 243