Indian Penal Code, 1860
Section 416
repealedCheating by personation
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.
Why this exists
This section addresses a specific and particularly deceptive method of cheating, impersonation, where the fraud depends on the victim being misled about the true identity of the person they are dealing with. It exists because impersonation adds an extra layer of deception that can be especially damaging, such as in cases of exam fraud, fake identity documents, or impersonating officials. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 319.
How courts read it
Courts examine whether the accused's core method of cheating involved false representation of identity, distinguishing this from general cheating under Section 415, which does not necessarily involve impersonation. Cases involving impersonation in examinations, where one person takes a test in place of another, have been prosecuted under this provision.
Common misconceptions
- Myth: Cheating by personation only applies to exam fraud.
Fact: It applies to any situation where cheating is carried out by pretending to be someone else or falsely claiming another's identity, not just examinations.