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Section 319: Cheating by Personation

Bharatiya Nyaya Sanhita • Chapter XVII: Of Offences Against Property • Official Statutory Text & Legal Guide

Chapter XVII: Of Offences Against Property
Any Magistrate
Bailable
Cognizable
Formerly Sec 416, 419 IPC
Section 318 All 358 Sections of Bharatiya Nyaya Sanhita Section 320

Legal Commentary & Landmark Judgments: Section 319

Section 319 penalises cheating by personation, punishing anyone who cheats by pretending to be some other person, or knowingly substituting one person for another, or representing that they are a person whom they are not.

  • Deception by Personation: Pretending to be another existing or fictitious person, or substituting identity.
  • Inducement to Deliver Property: Inducing the victim to part with money, goods, examination seats, or valuable security.
  • Damage or Harm: Causing wrongful loss to the victim or public authority.
Key Landmark Precedents:
  • S. Dutt v. State of U.P. AIR 1966 SC 523: The Supreme Court ruled that impersonating an advocate or expert witness in court to secure fees and deceive the bench constitutes cheating by personation.
  • State of U.P. v. Ram Swarup (1974) 4 SCC 764: Affirmed that candidate substitution in competitive examinations constitutes cheating by personation.
Courtroom Practice & Strategic Litigation Guidance:

Produce biometric verification logs, forged photo identity documents, and admissions forms. Defence may argue lack of pecuniary harm or that the representation was a harmless stage alias.

Section 318 All 358 Sections of Bharatiya Nyaya Sanhita Section 320