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KembaraXtra - Bharatiya Nyaya Sanhita - Section 242: False Personation for Purpose of Act or Proceeding in Suit or Prosecution
Introduction
Section 242 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who falsely assumes the identity of another and, while acting in that assumed character, performs an act connected with a civil suit or criminal prosecution.
The provision is aimed at protecting the integrity of judicial proceedings. A person must not enter or participate in litigation under a false identity and thereby make statements, admit facts, confess judgment, cause judicial process to issue, become bail or security, or perform any other relevant procedural act.
The central idea is:
FALSE IDENTITY + ACT IN THAT ASSUMED CHARACTER + SUIT OR CRIMINAL PROSECUTION = SECTION 242
Q1. What does Section 242 provide?
Answer:
Section 242 applies where a person:
- Falsely personates another;
- Assumes that other person’s character or identity; and
- In that assumed character performs an act in a:
- Suit; or
- Criminal prosecution.
The section specifically mentions acts such as:
- Making an admission;
- Making a statement;
- Confessing judgment;
- Causing process to be issued;
- Becoming bail;
- Becoming security; or
- Doing any other act in the suit or prosecution.
Q2. What is the object of Section 242?
Answer:
The object is to protect the sanctity, authenticity, and integrity of judicial proceedings.
Courts must be able to rely upon the true identity of persons who:
- Appear before them;
- Make statements;
- Give admissions;
- Submit to judgments;
- Stand bail or security;
- Initiate procedural steps; or
- Otherwise participate in legal proceedings.
False identity can distort the judicial process and affect the rights of parties.
Core Principle
A PERSON CANNOT PARTICIPATE IN A SUIT OR CRIMINAL PROSECUTION UNDER A FALSE ASSUMED IDENTITY
Q3. Which IPC provision corresponds to Section 242 BNS?
Answer:
According to the supplied comments:
Section 242 BNS = Section 205 IPC
Q4. Has Section 242 changed under BNS?
Answer:
According to the supplied comments:
- The language remains unchanged; and
- The provision has been retained as it is.
No substantive BNS change has been identified in the supplied material.
Q5. Who can commit the offence?
Answer:
The provision begins with:
“Whoever”
Therefore, it is a general offence.
No special status such as public servant, advocate, witness, or Court employee is necessary.
Q6. What are the essential ingredients of Section 242?
Answer:
The principal ingredients are:
- There must be false personation;
- The accused assumes the character of another;
- While acting in that assumed character, the accused performs an act;
- The act must be connected with:
- A civil suit; or
- A criminal prosecution.
According to the supplied comments, the impersonation must also be knowingly undertaken for the purpose of deceiving or influencing the legal proceeding.
Formula
FALSE PERSONATION + ASSUMED CHARACTER + LEGAL ACT + SUIT/CRIMINAL PROSECUTION = 242
Q7. What is meant by false personation?
Answer:
False personation means pretending to be another person and acting in that assumed identity.
The offender presents himself as someone he is not.
According to the supplied comments, the assumed identity may concern a real or fictitious person.
Q8. Is merely using a false name enough?
Answer:
Not necessarily.
Section 242 requires more than merely stating a false name.
The accused must falsely personate another and then, in that assumed character, perform some act in a suit or criminal prosecution.
Memory
FALSE NAME ALONE ≠ SECTION 242
The false identity must be connected with an act in the legal proceeding.
Q9. What does “in such assumed character” mean?
Answer:
It means that after assuming another person’s identity, the accused acts as though he actually were that person.
The legal act must therefore be performed through the false identity.
Q10. Why is the phrase “in such assumed character” important?
Answer:
Because it establishes the necessary connection between:
- The impersonation; and
- The act done in Court proceedings.
A person must not merely impersonate someone elsewhere; he must act in that identity in relation to the suit or prosecution.
Q11. What legal proceedings are covered?
Answer:
The section expressly covers:
SUIT
and
CRIMINAL PROSECUTION
Q12. Does Section 242 cover civil proceedings?
Answer:
Yes.
The word:
“suit”
covers the civil side contemplated by the provision.
Q13. Does Section 242 cover criminal proceedings?
Answer:
Yes.
The section expressly refers to:
“criminal prosecution”
Q14. What acts are specifically mentioned?
Answer:
The accused may, in the assumed character:
- Make an admission;
- Make a statement;
- Confess judgment;
- Cause any process to be issued;
- Become bail;
- Become security; or
- Do any other act in the suit or criminal prosecution.
Memory
ADMISSION – STATEMENT – JUDGMENT – PROCESS – BAIL – SECURITY – OTHER ACT
Q15. What is an admission for the purpose of understanding Section 242?
Answer:
An admission is a statement acknowledging some fact, liability, or legal position relevant to the proceeding.
If a person falsely assumes another’s identity and makes such an admission in that assumed character, Section 242 may apply.
Q16. Give an example involving an admission.
Answer:
Suppose A impersonates B in a civil suit and admits that B owes the claimant a substantial amount.
A has made an admission while falsely acting as B.
Section 242 may be attracted.
Q17. What is meant by making a statement?
Answer:
The section broadly covers statements made in the assumed identity in connection with the suit or criminal prosecution.
The statement need not necessarily be an admission.
Q18. Give an example involving a statement.
Answer:
Suppose A appears pretending to be B and makes a procedural or factual statement in a criminal prosecution while acting as B.
Section 242 may apply.
Q19. What does “confesses judgment” mean in the structure of the section?
Answer:
It refers to a person falsely personating another and, in that assumed character, accepting or submitting to a judgment against that person.
The important point is that the purported submission is made under a false identity.
Q20. Why can false confession of judgment be serious?
Answer:
Because it may create or recognise legal liability against the person being impersonated without that person’s genuine participation or consent.
Q21. What does “causes any process to be issued” mean?
Answer:
It refers to using the assumed identity to cause some legal or judicial process to be initiated or issued in the proceeding.
The focus is on manipulating procedural machinery through false personation.
Q22. Must the accused personally issue the process?
Answer:
No.
The section says:
“causes any process to be issued”
Therefore, procuring or bringing about the issuance of process while acting under the assumed identity may be sufficient.
Q23. What does “becomes bail” mean?
Answer:
It covers a person who falsely assumes another person’s identity and presents himself as bail in a legal proceeding.
Q24. Give an example involving bail.
Answer:
Suppose A falsely pretends to be B and, using B’s identity, stands as bail for an accused person.
Section 242 may apply.
Q25. What does “becomes security” mean?
Answer:
It covers false personation for the purpose of undertaking or furnishing security in the proceeding.
A person cannot pretend to be another and bind that other person through security.
Q26. Is the list of prohibited acts exhaustive?
Answer:
No.
This is a major point.
The provision concludes with:
“or does any other act in any suit or criminal prosecution”
Therefore, the section is intentionally broad.
Q27. Why is “any other act” important?
Answer:
It prevents the offence from being confined only to the specifically listed examples.
The section can potentially cover other procedural acts performed under the false identity, provided they occur in a suit or criminal prosecution.
Q28. Could a person falsely appear as a party in a proceeding?
Answer:
According to the supplied comments, yes.
False personation connected with acting as a party in a legal proceeding may fall within the section if the required ingredients are satisfied.
Q29. Could false personation as a witness be covered?
Answer:
According to the supplied comments, false impersonation in the legal proceeding may extend to acting as a witness where the person assumes another identity and performs an act in that capacity.
The statutory requirement of false personation and an act in the proceeding must still be established.
Q30. Could falsely acting as a surety be covered?
Answer:
Yes.
The section expressly includes becoming:
BAIL OR SECURITY
Accordingly, false personation for purposes of standing as a surety falls within the kind of conduct contemplated by the section.
Q31. Must the impersonation actually deceive the Court?
Answer:
The statutory wording focuses on false personation and the doing of an act in the assumed character.
It does not expressly say that the Court must actually be successfully deceived.
Q32. Must the proceeding ultimately be affected?
Answer:
No actual alteration in the final outcome is expressly required by the supplied statutory text.
The central offence is the false participation itself.
Q33. Must another person actually suffer loss?
Answer:
No such requirement appears expressly in the supplied provision.
Actual financial or legal loss is not stated as a separate ingredient.
Q34. Is financial gain necessary?
Answer:
No.
The section does not require the offender to obtain money or property.
The offence is directed at false participation in legal proceedings.
Q35. Is causing wrongful loss expressly required?
Answer:
No.
The section is framed around:
- False personation;
- Assumed character; and
- An act in a suit or criminal prosecution.
Q36. Is the offence limited to impersonation for monetary benefit?
Answer:
No.
The purpose may relate to influencing, manipulating, or participating falsely in judicial proceedings generally.
Q37. What role does knowledge and intention play?
Answer:
According to the supplied comments, the impersonation must be knowingly undertaken, with intent to deceive or influence the legal proceeding.
This fits the basic nature of false personation: the accused knowingly assumes an identity that is not his own.
Q38. Would accidental mistaken identity amount to Section 242?
Answer:
No.
Accidentally being mistaken for another person is fundamentally different from:
FALSELY PERSONATING ANOTHER
The provision concerns deliberate assumption of another identity.
Q39. Would merely being wrongly identified by someone else make a person liable?
Answer:
Not by itself.
There must be false personation by the accused and action in the assumed character.
Q40. What if A is mistakenly called B but immediately corrects the mistake?
Answer:
That would not ordinarily fit the structure of Section 242 because A has not intentionally assumed B’s character and acted in that identity.
Q41. Give a simple example of Section 242.
Answer:
Suppose A pretends to be B in a civil suit and, while acting as B, admits liability to the plaintiff.
A may commit an offence under Section 242.
Q42. Give an example involving criminal prosecution.
Answer:
Suppose A impersonates B and appears in a criminal prosecution under B’s identity, making statements as though he were B.
Section 242 may apply.
Q43. Give an example involving bail.
Answer:
Suppose A pretends to be B and executes or undertakes bail obligations under B’s identity.
This is expressly within the type of conduct contemplated by the provision.
Q44. Give an example involving process.
Answer:
Suppose A impersonates B and, acting as B, causes a Court process to be issued against another person.
Section 242 may apply.
Q45. Is false personation outside any legal proceeding sufficient?
Answer:
Not for Section 242 merely on that basis.
The false personation must be connected with:
A SUIT OR CRIMINAL PROSECUTION
Q46. What is the special legal context required by the section?
Answer:
The act must occur in:
- A suit; or
- A criminal prosecution.
This legal context distinguishes Section 242 from more general forms of personation.
Q47. What is the punishment under Section 242?
Answer:
The offender may be punished with:
- Imprisonment of either description up to 3 years; or
- Fine; or
- Both.
Q48. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
Q49. What is the maximum imprisonment?
Answer:
3 years
Q50. Is a maximum fine specified?
Answer:
No specific monetary ceiling is stated in the supplied text.
The punishment is:
UP TO 3 YEARS / FINE / BOTH
Q51. What is the classification of Section 242?
Answer:
According to the supplied classification:
- Non-Cognizable
- Bailable
- Magistrate of the First Class
Memory
NC + B + MFC
Q52. Is the offence cognizable?
Answer:
No.
It is:
NON-COGNIZABLE
Q53. Is it bailable?
Answer:
Yes.
It is:
BAILABLE
Q54. Which Court may try the offence?
Answer:
According to the supplied classification:
MAGISTRATE OF THE FIRST CLASS
Q55. What is the easiest examination test for Section 242?
Answer:
Ask:
- Did the accused falsely personate another?
- Did the accused assume that person’s character?
- Did he perform an act in that assumed character?
- Was the act connected with:
- A suit; or
- A criminal prosecution?
- Was the impersonation knowingly undertaken?
If these ingredients are present, Section 242 becomes relevant.
Q56. What are the main action words to remember?
Answer:
ADMIT
STATE
CONFESS JUDGMENT
CAUSE PROCESS
BECOME BAIL
BECOME SECURITY
DO ANY OTHER ACT
Q57. What is the shortest memory formula?
Answer:
“PRETEND TO BE ANOTHER + ACT IN THAT IDENTITY IN A CASE = 242.”
Key Provisions (Study Notes)
1. Central Wrong
The core wrong is:
FALSE PERSONATION IN A LEGAL PROCEEDING
2. Assumed Character
The offender must act:
IN THE ASSUMED CHARACTER
The false identity and the legal act must therefore be connected.
3. Proceedings Covered
The section applies to:
SUIT
and:
CRIMINAL PROSECUTION
4. Specific Acts Covered
The person may:
- Make an admission;
- Make a statement;
- Confess judgment;
- Cause process to be issued;
- Become bail;
- Become security.
5. Residual Limb
The section also covers:
ANY OTHER ACT
in the suit or criminal prosecution.
This makes the provision wider than the enumerated acts alone.
6. Knowledge and Intention
According to the supplied comments, the impersonation must be knowingly undertaken, with intent to deceive or influence legal proceedings.
Essential Ingredients — Rapid Recall
FALSELY PERSONATE ANOTHER
+
ASSUME THAT CHARACTER
+
DO A LEGAL ACT
+
SUIT OR CRIMINAL PROSECUTION
= SECTION 242
Seven-Act Memory Sequence
ADMISSION
STATEMENT
CONFESS JUDGMENT
PROCESS
BAIL
SECURITY
OTHER ACT
Memory
A – S – J – P – B – S – O
Punishment Notes
Section 242 provides:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 3 YEARS
or:
FINE
or:
BOTH
Classification Notes
According to the supplied material:
NON-COGNIZABLE
BAILABLE
MAGISTRATE OF THE FIRST CLASS
Memory
NC + B + MFC
IPC Equivalent and BNS Position
According to the supplied comments:
Section 242 BNS = Section 205 IPC
The provision has been retained without substantive change.
Quick Revision Notes
Section
242 BNS
Title
False personation for purpose of act or proceeding in suit or prosecution
IPC Equivalent
Section 205 IPC
Core Act
Falsely personating another.
Requirement
The offender must act in the assumed character.
Proceedings
- Suit;
- Criminal prosecution.
Examples of Acts
- Admission;
- Statement;
- Confession of judgment;
- Causing process;
- Becoming bail;
- Becoming security;
- Any other act.
Mental Element
According to the supplied comments, knowingly done with intent to deceive or influence legal proceedings.
Punishment
Up to 3 years / fine / both
Classification
Non-Cognizable + Bailable + Magistrate First Class
BNS Change
No substantive change stated.
Exam Traps
Trap 1 — Treating any impersonation as Section 242
Incorrect.
The impersonation must be connected to:
A SUIT OR CRIMINAL PROSECUTION
Trap 2 — Forgetting the act requirement
False personation alone is not the complete statutory structure.
The offender must act:
IN THE ASSUMED CHARACTER
Trap 3 — Restricting the section to statements
Incorrect.
It also covers:
- Admissions;
- Confession of judgment;
- Process;
- Bail;
- Security;
- Any other act.
Trap 4 — Forgetting “any other act”
The list is not exhaustive.
Trap 5 — Thinking financial gain is essential
Incorrect.
No such requirement appears in the supplied text.
Trap 6 — Requiring actual loss
Incorrect.
Actual loss is not expressly required.
Trap 7 — Requiring successful deception of the Court
The statutory text does not expressly require that the deception must succeed.
Trap 8 — Treating mistaken identity as personation
Incorrect.
False personation involves deliberate assumption of another’s identity.
Trap 9 — Forgetting both civil and criminal contexts
Remember:
SUIT + CRIMINAL PROSECUTION
Trap 10 — Restricting personation to acting as a party
According to the supplied comments, personation may arise in several legal capacities, including acting as a party, witness, bail, security, or in other procedural roles.
Comparison with Nearby Sections
Section 242
FALSE PERSONATION IN LEGAL PROCEEDING
The wrong concerns identity.
Section 243
FRAUDULENTLY MOVE/HIDE PROPERTY
The wrong concerns keeping property from lawful seizure.
Section 244
FRAUDULENT FALSE PROPERTY CLAIM
The wrong concerns asserting a false property right to prevent seizure.
Section 245
FRAUDULENTLY SUFFER FALSE DECREE AGAINST SELF
The wrong concerns allowing a sham decree or order against oneself.
Section 246
KNOWINGLY FALSE CLAIM IN COURT
The wrong concerns the falsity of the claim.
Section 247
FRAUDULENTLY OBTAIN FALSE DECREE AGAINST ANOTHER
The wrong concerns fraudulent decree or execution against another.
Section 248
FALSE CRIMINAL CHARGE
The wrong concerns knowingly groundless criminal proceedings or accusations.
Rapid Revision Chain: Sections 242–248
242 = PERSONATE
243 = HIDE PROPERTY
244 = CLAIM PROPERTY
245 = SUFFER DECREE
246 = FALSE CLAIM
247 = OBTAIN DECREE
248 = FALSE CHARGE
Expanded:
242 = FALSE IDENTITY IN CASE
243 = MOVE PROPERTY TO BLOCK SEIZURE
244 = FALSELY CLAIM PROPERTY TO BLOCK SEIZURE
245 = ALLOW FALSE DECREE AGAINST SELF
246 = MAKE FALSE COURT CLAIM
247 = OBTAIN FALSE DECREE AGAINST ANOTHER
248 = MAKE FALSE CRIMINAL CHARGE
Ultimate Memory Formula
SECTION 242
FALSELY PERSONATE ANOTHER
+
ACT IN THAT ASSUMED CHARACTER
BY
- Admission;
- Statement;
- Confessing judgment;
- Causing process;
- Becoming bail;
- Becoming security;
- Any other act;
IN
SUIT OR CRIMINAL PROSECUTION
= SECTION 242
Key Takeaway
Section 242 BNS protects judicial proceedings from participation under a false identity.
Its central requirements are:
- False personation;
- Assumption of another’s character;
- An act performed in that assumed character;
- Connection with a suit or criminal prosecution.
The acts expressly mentioned include:
ADMISSION – STATEMENT – JUDGMENT – PROCESS – BAIL – SECURITY – OTHER ACT
According to the supplied comments, the personation must be knowingly undertaken with the intention of deceiving or influencing legal proceedings.
The punishment is:
Up to 3 years / fine / both
The offence is:
Non-Cognizable + Bailable + Magistrate of the First Class
According to the supplied comments:
Section 242 BNS = Section 205 IPC
and the provision has been retained without substantive change.
Final Memory Line
“242 = FALSE IDENTITY + ACT IN THAT IDENTITY + SUIT OR CRIMINAL PROSECUTION.”
