Indian Penal Code, 1860
Section 419
repealedPunishment for cheating by personation
Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Why this exists
This section provides the specific punishment for cheating carried out through impersonation, treating it more seriously than ordinary cheating under Section 417 because of the added deceit involved in falsely assuming another person's identity. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 319(2).
How courts read it
Courts apply this section once the elements of cheating by personation under Section 416 are established, using the three-year maximum as the punishment ceiling, higher than the one-year cap for ordinary cheating under Section 417, reflecting the seriousness of identity-based fraud.
Common misconceptions
- Myth: Cheating by personation carries the same punishment as ordinary cheating.
Fact: This section allows up to three years imprisonment, three times higher than the one-year maximum for ordinary cheating under Section 417, because of the added deception involved in impersonation.