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BNS 2024ACTIVE FRAMEWORK
Section 231
False Personation for Purpose of Act or Proceeding in Suit
Replaces colonial-era: IPC 205
Non-BailableCognizable: Non-CognizableMagistrate First Class
Reform Highlights
1
Renumbered from IPC 205 to BNS 231.
2
3-year maximum preserved.
3
Covers all judicial and quasi-judicial proceedings.
THE STATUTE
The Clause
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 proceeding, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Legal Commentary
Section 231 addresses impersonation specifically within legal proceedings — appearing in court or before a judicial authority as another person to make statements, confessions, obtain bail, or take any procedural step on their behalf without authorisation. This is a form of fraud that directly undermines the justice system: someone might impersonate an accused to enter a guilty plea, impersonate a plaintiff to settle a claim, or impersonate another to obtain bail. It is distinct from Section 229 (impersonating a public servant) in that here, the impersonated person is a private party to legal proceedings. The 3-year maximum reflects the gravity of corrupting legal proceedings through identity fraud.
Case Simulations
"Appearing in court as an accused person, pretending to be them, to enter a guilty plea — Section 231."
"Impersonating a bail applicant before a magistrate to secure their release — Section 231."
Expert Insights
This is precisely the offence under Section 231 — falsely personating a party to a legal proceeding to make an admission or conduct proceedings. It carries up to 3 years imprisonment.