BNS Section 242: False Personation For Purpose Of Act Or Proceeding In Suit Or Prosecution

Definition of BNS Section 242

Section 242 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“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.”

Explanation and Illustration of BNS Section 242

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of false impersonation to mislead a proceeding. Let us break down the section to get a better understanding of it.

Offence

To simplify what has been in the section, any person who pretends to be someone they are not for the purpose of a court proceeding or any other government proceeding and performs any action that may cause the proceeding to be misled in a false or incorrect direction shall be considered an offender under the provisions of this section. The section also illustrates some examples of actions that such a person may perform as an assumed character:

Making an admission or statement: This refers to making a statement or admission in the course of a proceeding as an assumed character, rendering the statement inadmissible even if it is true.

Confessing to a judgement: This refers to providing evidence or making a confession in the course of a proceeding as an assumed character, rendering the confession or evidence inadmissible even if genuine.

Causes any process to be issued: Performing an act or making a statement in the course of a proceeding as an assumed character which causes the authorities to take affirmative action, rendering the action or process unenforceable even if it is the correct course of action.

Becomes bail or security: Performing an act or making a statement in the course of a proceeding as an assumed character which leads to grant of bail to a person, causing the bail to be invalid even if it may be the correct course of action.

Does any other act - By saying this the section clarifies that the offence of performing actions as an assumed character during a government proceeding is not limited to the above actions alone. Any action performed as an assumed character during a government proceeding shall be considered as an offence under the provisions of this section.

Punishment

The punishment for performing any action as an assumed character in the course of a judicial or any other government proceeding shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both

. The above actions may not be an offence under this section if:

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

• Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
• Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
• Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
• Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.