IPC Section 416
🔹 IPC Section 416 – Cheating by Personation
Text of the Section:
“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.”
🔍 Explanation:
Cheating:
Cheating generally means deceiving someone fraudulently or dishonestly to cause wrongful gain to oneself or wrongful loss to another.
Personation:
Personation means pretending to be someone else—assuming another person's identity or representing oneself as another person, either living or dead.
It can be done by:
Using someone else's name,
Imitating their behavior,
Or otherwise making others believe you are that person.
Cheating by Personation:
When a person deceives another by assuming a false identity to gain an advantage, property, or benefit.
The key element is deception through false identity leading to cheating.
Punishment:
Imprisonment up to 3 years, or
Fine, or
Both.
⚖️ Nature of Offence
Type: Criminal offence
Cognizable: Yes (Police can register FIR and investigate)
Bailable: Usually bailable
Triable by: Magistrate of First Class
🧠 Example to Understand
If A pretends to be B to withdraw money from B’s bank account, or to get some benefit intended for B, then A is guilty of cheating by personation.
Similarly, impersonating a government official to defraud someone also falls under this section.
⚖️ Difference from Related Sections
Section 415 – Cheating (general)
Section 417 – Punishment for cheating (general cheating without personation)
Section 419 – Punishment for cheating by personation (severe punishment for cheating by personation in cases with more gravity)
Section 420 – Cheating and dishonestly inducing delivery of property (more serious offences involving fraud and cheating)
📌 Summary Table
| Element | Details |
|---|---|
| Act | Cheating by personation (pretending to be someone else) |
| Intent | To deceive and cause wrongful gain or loss |
| Punishment | Up to 3 years imprisonment, or fine, or both |
| Cognizable | Yes |
| Bailable | Yes |
| Triable by | Magistrate of First Class |
RELATED Blog
0 comments