Introduction of 242 BNS
Bharatiya Nyaya Sanhita (BNS) Section 242 deals with the offence of false personation in legal proceedings. It applies when someone pretends to be another person in order to influence the outcome of a civil suit or criminal prosecution. This includes impersonating a defendant, confessing judgments, making admissions, causing legal processes to be issued, or acting as bail/security in the name of another.
The law exists to safeguard fairness in courts by punishing fraudulent impersonation, ensuring that legal actions and proceedings are not tainted by deception.
The Bharatiya Nyaya Sanhita (BNS) Section 242 replaces the old Indian Penal Code (IPC) Section 205.
- Introduction of 242 BNS
- What is BNS Section 242 ?
- BNS 242 in Simple Points
- Section 242 BNS Overview
- BNS 242 Punishment
- BNS 242 bailable or non bailable ?
- Bharatiya Nyaya Sanhita Section 242
- BNS Section 242 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 242 ?
BNS Section 242 addresses the crime of false personation in legal matters. It makes it an offence when someone falsely impersonates another person to influence a legal process such as making admissions, confessing judgments, or performing any other acts in court or during legal proceedings. The intention behind this law is to ensure that legal proceedings are fair, transparent, and free from fraudulent actions.
Under Section 242 of the bns act 2023
“Whoever falsely personates another, and in such assumed character does, or attempts to do, any act in any suit or criminal prosecution, including making admissions, confessing judgments, becoming bail or security, or causing any process to be issued, shall be punished with imprisonment which may extend to three years, or with fine, or with both.”
1. Meaning of “False Personation in Legal Proceedings”
- False personation means pretending to be another person in a legal matter.
- It includes acting in a false identity to influence court proceedings, either civil or criminal.
- Covered acts include making admissions, confessing judgments, acting as bail/security, or causing legal processes to be issued under a false name.
- The focus is on fraudulent intent to deceive the court or authorities.
2. Who is Covered?
This section applies to:
- Defendants or accused persons who impersonate another person in a trial.
- Individuals acting as bail/security in someone else’s name.
- Persons confessing judgments or making admissions on behalf of another without authority.
- Anyone impersonating in civil or criminal proceedings to mislead the court or gain benefit.
3. Nature of the Offence
- Non-Cognizable → Police cannot arrest without a warrant.
- Bailable → Accused has the right to seek bail.
- Non-Compoundable → Cannot be settled privately; case must proceed in court.
- Triable by Any Magistrate → Case can be heard by a Magistrate.
4. Examples of BNS Section 242
- Example 1 – False Confession
A man pretends to be his friend in a criminal trial and confesses guilt to protect the real accused. → Punishable under Section 242. - Example 2 – Fake Bail Security
A person impersonates someone else and signs as bail for an accused in a case. → Covered under this section. - Example 3 – Not Guilty Case
If someone mistakenly identifies themselves without fraudulent intent (such as a clerical error), it may not attract liability under this section.
5. Punishment under BNS Section 242
- Imprisonment → Up to 3 years.
- Fine → Court may impose a fine.
- Both → In serious cases, both imprisonment and fine may be ordered.
6. Importance of BNS Section 242
- Protects integrity of judicial processes in both civil and criminal cases.
- Prevents fraudulent impersonation that could mislead courts.
- Ensures that only genuine parties and representatives act in legal proceedings.
- Maintains trust in justice delivery by punishing those who misuse false identity.
Section 242 BNS Overview
BNS Section 242 addresses false personation—a criminal act in which someone pretends to be another person in order to influence or affect a legal process or proceeding. If someone uses a false identity to make statements, accept responsibility, or perform legal functions in a court case or prosecution, they will face punishment under this section.
The punishment includes imprisonment for up to three years, a fine, or both, depending on the circumstances. The offence is non-cognizable, bailable, and non-compoundable, meaning it is less severe than cognizable offences, the accused can get bail, and the victim cannot settle the matter out of court.
10 Key Points Explained in Detail:
- False Personation in Legal Matters:
- Explanation: This section is specifically for people who pretend to be someone else in a legal proceeding. It can happen in civil or criminal cases where the person assumes another person’s identity to perform certain legal actions like confessing judgment or becoming security.
- Example: A person pretends to be a witness in a criminal case and makes false statements in favor of the accused, thinking it will help them avoid punishment.
- Purpose of False Personation:
- Explanation: The person who commits false personation does so to achieve certain benefits in legal processes, such as influencing a suit or criminal prosecution, or even getting involved as a security or bail.
- Example: A person may falsely claim to be the surety for someone accused of a crime to help that individual get bail.
- Acts Covered under False Personation:
- Explanation: The section covers a wide range of actions that can be committed under false personation, such as making admissions, confessing judgments, causing legal processes to be initiated, or acting as bail or security.
- Example: If a person falsely claims to be the defendant and confesses to a crime in a legal proceeding, it qualifies as false personation under this section.
- Punishment for False Personation:
- Explanation: The punishment under this section is either imprisonment for up to three years, a fine, or both, depending on the severity of the act.
- Example: If a person is found guilty of impersonating someone else in a legal matter, they may be sentenced to three years in prison or asked to pay a fine, or both.
- Non-Cognizable Offence:
- Explanation: The offence is non-cognizable, meaning the police cannot arrest someone without a court warrant. The police can only investigate the matter once a formal complaint is made.
- Example: The police will not arrest someone on the spot for this offence; they must first investigate the situation after receiving a formal complaint.
- Bailable Offence:
- Explanation: Since this is a bailable offence, a person charged under this section can apply for bail and be released until the trial, assuming they meet the court’s conditions.
- Example: A person accused of false personation can request bail, and the court may grant it after ensuring that the conditions are met.
- Non-Compoundable Offence:
- Explanation: The offence is non-compoundable, meaning it cannot be settled through negotiation or agreement between the accused and the victim. It must go through the legal process.
- Example: Even if the person pretending to be someone else in court apologizes, the victim cannot agree to drop the charges, and the matter must proceed through the legal system.
- Triable by Any Magistrate:
- Explanation: Cases under this section are tried by any magistrate, including lower courts like a magistrate of the first class, depending on the local jurisdiction.
- Example: A false personation case can be taken to any magistrate’s court, and the magistrate will determine the appropriate punishment if the person is found guilty.
- Impact on Legal Proceedings:
- Explanation: False personation can significantly affect the fairness and integrity of legal proceedings. When someone pretends to be someone else in a case, it may lead to incorrect judgments or false legal decisions.
- Example: If a person impersonates a defendant and confesses to a crime, it could wrongfully convict the actual guilty party.
- Intent to Deceive:
- Explanation: The section requires the person to act with the intent to deceive, meaning they knowingly and willfully impersonate someone to affect the outcome of a legal process.
- Example: A person who pretends to be a key witness in a case to mislead the court about facts is acting with intent to deceive and is liable for punishment under this section.
Simple Examples of BNS Section 242:
- Example 1:
A man pretends to be his wealthy friend to take out a loan. He provides false identification and makes statements as if he were his friend. When caught, he can be charged under Section 242 for falsely personating his friend for financial gain. - Example 2:
A woman impersonates a police officer to extract information from a suspect during an investigation. She presents herself as a law enforcement officer and coerces the suspect into making a confession. This act of false personation can lead to legal consequences under this section.
BNS 242 Punishment
- Imprisonment: Up to 3 years.
- Fine: A fine, which can be imposed alongside imprisonment.
- Both: A person can also be punished with both imprisonment and a fine.
BNS 242 bailable or non bailable ?
BNS Section 242 is a bailable offence, which means that if a person is accused of false personation in a legal proceeding, they can apply for bail and may be released on bail while awaiting trial.
Comparison Table — BNS Section 242 vs IPC Section 205
| Aspect | BNS Section 242 | IPC Section 205 |
|---|---|---|
| Subject | False personation in legal proceedings (civil or criminal) | False personation in legal proceedings (civil or criminal) |
| Acts Covered | Pretending to be another person to make admissions, confess judgments, act as bail/security, or cause processes to be issued | Same acts – admissions, confessions, bail/security, causing process in another’s name |
| Purpose | To influence or affect a legal suit or prosecution by impersonation | To influence or affect a legal suit or prosecution by impersonation |
| Punishment | Imprisonment up to 3 years, or fine, or both | Imprisonment up to 3 years, or fine, or both |
| Cognizable / Non-cognizable | Non-cognizable – police need warrant to arrest | Non-cognizable – same |
| Bailable or Not | Bailable – accused can apply for bail | Bailable – same |
| Compoundable | Non-compoundable – cannot be privately settled | Non-compoundable – same |
| Trial | Triable by any Magistrate | Triable by Magistrate |
| Key Difference | Modern BNS framing, retains IPC 205 content but aligned with updated procedural context | Original IPC framing; BNS 242 carries forward same rule under updated law |
BNS Section 242 FAQs
What is false personation under BNS Section 242?
False personation refers to the act of pretending to be someone else with the intent of affecting legal proceedings, such as making false statements, confessing judgment, or causing any legal process to be issued in a fraudulent manner.
What actions can lead to false personation under this BNS 242 section?
Any act done in a false assumed identity to influence a legal process, such as confessing a crime on behalf of someone, causing legal documents to be issued under a false name, or acting as bail or security in place of another person, falls under false personation.
Is false personation under BNS Section 242 a serious offence?
Yes, false personation is a serious offence because it undermines the integrity of legal proceedings and can influence the outcome of a suit or prosecution.
Can a person arrested under BNS Section 242 apply for bail?
Yes, BNS Section 242 is a bailable offence, so the accused can apply for bail and be released until their trial concludes.
What is the maximum punishment for someone found guilty under BNS Section 242?
The maximum punishment includes imprisonment for up to 3 years, or a fine, or both.
Who is responsible for trying the offence under BNS Section 242?
The case under BNS Section 242 can be tried by any Magistrate, as the offence is non-cognizable and bailable.
Conclusion
BNS Section 242 plays a vital role in protecting the integrity of judicial processes. By punishing anyone who impersonates another person to affect a case, it ensures that no one can misuse false identity to mislead courts or public authorities.
With punishments of up to three years’ imprisonment, a fine, or both, the section underlines that false personation is a direct attack on justice itself. The provision is bailable and non-cognizable but remains non-compoundable, which means it cannot be privately settled and must be tried before a magistrate.
In short, BNS 242 makes clear that legal proceedings must be based on truth and genuine identity — not deception or false appearances.
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