IPC Section 205 and BNS Section 242: False Personation in Court Proceedings

False personation in judicial proceedings occurs when someone pretends to be another person and, in that assumed identity, performs an act in a civil suit or criminal prosecution. The historical provision was Section 205 of the Indian Penal Code, 1860; the corresponding current provision is Section 242 of the Bharatiya Nyaya Sanhita, 2023.

Meaning and scope of false personation

False personation means assuming another person's identity. For this specific offence, the false identity must be used to perform an act in a suit or criminal prosecution, such as making a statement or admission, confessing judgment, procuring the issue of a process, becoming bail or security, or taking another step in the proceeding.

Suit refers generally to a civil judicial proceeding. Criminal prosecution refers to proceedings involving the prosecution of an alleged criminal offence. Bail or security here includes acting in the assumed identity as a person furnishing bail or security in a proceeding.

Section 205 of the Indian Penal Code, 1860

The former Section 205 criminalised falsely personating another person and, while acting under that assumed identity, making an admission or statement, confessing judgment, causing a process to issue, becoming bail or security, or doing another act in a suit or criminal prosecution.

Punishment under IPC Section 205: imprisonment of either description for a term extending to three years, or fine, or both. The original provision's essential subject matter is preserved in this article.

Section 242 of the Bharatiya Nyaya Sanhita, 2023

Section 242, titled False personation for purpose of act or proceeding in suit or prosecution, substantially carries forward the former IPC Section 205. It covers a person who falsely personates another and, in that assumed character, makes an admission or statement, confesses judgment, causes any process to be issued, becomes bail or security, or performs another act in a suit or criminal prosecution.

Statutory punishment: imprisonment of either description for up to three years, or fine, or both. The section does not prescribe a fixed monetary maximum for the fine.

Read the provision in the official BNS text published through the Ministry of Home Affairs/NCRB.

Essential ingredients of the offence

1. False identity: the accused personated another individual rather than acting in their true identity.
2. Act in the assumed character: the accused performed a specified act while pretending to be that other individual.
3. Connection with a judicial proceeding: the act took place in relation to a civil suit or criminal prosecution.
4. Proof: the alleged impersonation and relevant act must be established through admissible evidence, subject to the applicable criminal standard of proof.

Practical illustrations

• A person falsely appears as a named party to a civil case and makes an admission in that party's name.
• A person impersonates another individual and submits a statement in a pending criminal prosecution.
• A person assumes another individual's identity to stand as bail or security in court proceedings.

These are explanatory examples, not findings of guilt. Actual liability depends on the evidence and the statutory ingredients.

Punishment, bail and trial classification

The procedural classification is taken from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. A non-cognizable offence generally requires compliance with the BNSS rules governing police investigation of non-cognizable cases. Bailable means bail is governed by the statutory right applicable to bailable offences, subject to lawful conditions.

Difference from other impersonation offences

BNS Section 242 specifically addresses impersonation linked to acts in a suit or criminal prosecution. It is distinct from BNS Section 204, which addresses personating a public servant. The applicable section depends on what identity was assumed, the act performed and the surrounding circumstances. Other offences may be relevant where forged documents, false evidence or cheating are separately established.

Frequently asked questions

Official legal sources

• Bharatiya Nyaya Sanhita, 2023 - statutory chapters (NCRB, Ministry of Home Affairs)
• Bharatiya Nagarik Suraksha Sanhita, 2023 - First Schedule (NCRB, Ministry of Home Affairs)
• India Code - Government of India legislative database

This article provides general legal information. Case-specific advice depends on the applicable law, facts and procedural stage.