Bharatiya Nyaya Sanhita, 2023
Section 319
Cheating by personation
(1) 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. Explanation.—The offence is committed whether the individual personated is a real or imaginary person. Illustrations.
(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.
(2) Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Of fraudulent deeds and dispositions of property
Why this exists
Cheating by personation is treated as a more serious, specific form of cheating because impersonating another identity to deceive someone adds an extra layer of premeditated deception and can be used to defraud institutions, exam systems, or individuals in ways that plain cheating might not capture — hence the higher maximum punishment of five years compared to three for ordinary cheating.
Common misconceptions
- Myth: Cheating by personation only applies if you impersonate a real, living person.
Fact: The law explicitly states this offence applies whether the person impersonated is real or imaginary.