Bharatiya Nyaya Sanhita, 2023

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

Section 242 of the Bharatiya Nyaya Sanhita, 2023 deals with false personation in a civil suit or criminal prosecution. It applies where a person falsely assumes another person's identity and, in that assumed character, performs an act connected with the judicial proceeding.

Current legal position: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023 and came into force on 1 July 2024, subject to the commencement notification. Section 242 corresponds to Section 205 of the Indian Penal Code, 1860.

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Text of Section 242 BNS

242. False personation for purpose of act or proceeding in suit or prosecution.

Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Meaning and scope of Section 242 BNS

The provision protects the integrity of judicial proceedings against acts done through a false identity. The prohibited conduct is not limited to giving evidence. It extends to making an admission or statement, confessing judgment, causing court process to be issued, becoming bail or security, or doing another act in a civil suit or criminal prosecution while falsely personating another person.

The central feature is the assumption of another person's identity for an act connected with a suit or criminal prosecution. Whether the section is attracted in a particular case depends on the facts, the identity assumed, and the act performed in that assumed character.

Essential ingredients of the offence

For Section 242 BNS to apply, the allegations ordinarily need to show the following elements:

  1. The accused falsely personated another person.
  2. The accused acted in the assumed character of that other person.
  3. In that assumed character, the accused made an admission or statement, confessed judgment, caused process to be issued, became bail or security, or performed another act.
  4. The act was connected with a suit or criminal prosecution.

Punishment and procedural classification

Punishment Imprisonment of either description for a term which may extend to three years, or fine, or both.
Cognizable No. The offence is non-cognizable.
Bailable Yes.
Court having jurisdiction to try Magistrate of the first class.

Practical point: The procedural classification above is taken from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The facts of an individual case may also involve other offences or procedural provisions.

Corresponding provision under the Indian Penal Code

Section 242 BNS corresponds to Section 205 of the Indian Penal Code, 1860, which carried the same subject heading relating to false personation for the purpose of an act or proceeding in a suit or prosecution. The BNS is the current penal code for offences committed after its commencement, subject to the statutory repeal and savings provisions.

Illustrative situations

The section may be relevant, depending on the evidence and surrounding facts, where a person falsely assumes another person's identity in order to:

  • make a statement or admission in a pending suit;
  • confess judgment in another person's name;
  • cause a court process to be issued while acting as that person;
  • stand as bail or security by falsely assuming another person's identity; or
  • perform another act in a civil suit or criminal prosecution under that false identity.

These examples are explanatory only and do not replace the statutory text or fact-specific legal advice.

Frequently asked questions

What is the maximum imprisonment under Section 242 BNS?

The maximum term is three years. The court may also impose a fine, or both imprisonment and fine.

Is Section 242 BNS a bailable offence?

Yes. It is classified as bailable.

Is Section 242 BNS cognizable?

No. It is classified as non-cognizable.

Which IPC section corresponds to Section 242 BNS?

Section 205 of the Indian Penal Code, 1860.