Updated on March 12, 2025 10:13:56 AM
Section 319 defines the offence of cheating by personation, which is now substituted by Section 415 of the IPC. Cheating by personation is committed when a person cheats another by pretending to be any other person and, in that name or form, commits any act of cheating. This may bring anguish, loss of reputation, loss to society, and financial loss to the victims. It is resorted to by clever deceit for personal advantage. However, keep in mind that an accused charge of cheating by personation is only an allegation unless proven in court. If an accused provides his undertaking to come for trial, he may be released on bail. Complete actus reus(the physical act) for the offence of extortion under Section 319 of the BNS including punishment, bail, and conditions.
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Here, is an overview of Clause 319 of BNS given below:
| Offence | Cheating by Personation |
|---|---|
| Clause under BNS | Clause 319 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 5 years or Fine or Both |
| Triable | Any Magistrate |
Clause 319 of BNS clearly defines that -“A person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is.”
A person found guilty of cheating by impersonation may be imprisoned, fined, or both. The provision is to criminalize and put serious consequences on fraudulent acts through impersonation with the aim of maintaining a fair and honest social order
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because cheating is a bailable offence the accused has to approach on the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation infront of police during Bail procedure
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
The lawyer drafted a bail application for you. He included all the details and reasons for the release, bail amount, etc. His job will be to ensure your application is strong in all respects and complete in all respects. Your lawyer will deal with all the technicalities of delivering the application to the appropriate authority and ensuring it reaches the proper hands and follows all the legal requisites.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
When bail is granted, the accused is typically released under certain conditions, such as paying a bond, making regular appearances at the police station, and having restrictions on their movement. It's really important to get legal advice during this process to ensure all legal requirements are met and the accused is properly represented.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Section 319 of the BNS also covers Cheating by Personation, which protects the integrity of transactions and relationships. The harsh penalties under this section act as a deterrent, signaling how serious the offense of cheating by impersonating someone else is. The bail system gives the accused a fair chance to prepare their defense and guarantees a just resolution of the charges. Overall, Section 319 plays a key role in upholding trust and justice in relationships.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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