IPC Section 205: False personation for purpose of act or proceeding in suit or prosecution

Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 

IPC Section 205: Simplified Explanation 

IPC Section 205 addresses the act of falsely personating another individual with the intent to deceive someone in the context of any suit, prosecution, or legal proceeding. This section applies when a person impersonates someone else and performs any act or makes any appearance in the context of legal proceedings with the intention of causing harm or deceiving others. 

Key Elements: 

  1. The person must falsely personate another individual. 
  1. The false personation must be for any act or proceeding in any suit or prosecution. 
  1. The intent must be to deceive or cause harm. 

Is IPC Section 205 Bailable? 

Yes, IPC Section 203 is indeed a bailable offence. This implies that the accused has the right to seek release on bail, subject to specific conditions and the discretion of the court. These conditions may include the severity of the offence, the accused’s criminal record, and the likelihood of the accused tampering with evidence or influencing witnesses. 

IPC Section 205 Punishment 

The punishment for an offence under IPC Section 205 is imprisonment of either description for a term extending to three years, with a fine, or with both. The court has the discretion to determine the exact punishment based on the severity and circumstances of the offence. 

Example of IPC Section 205 

Consider a scenario where Mr A, who has a criminal case pending against him, asks his friend Mr B to appear in court on his behalf, pretending to be Mr A. Mr B, knowing the deception, appears in court and gives false testimony as Mr A. In this case, Mr B can be prosecuted under IPC Section 205 for false personation in a legal proceeding, as his actions were intended to deceive the court and mislead the legal process. 

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