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.
Explanations
- The offence is committed whether the individual personated is a real or imaginary person.
Illustrations
- A cheats, by pretending to be a certain rich banker of the same name. A cheats by personation.
- A cheats by pretending to be B, a person who is deceased. A cheats by personation.
IPC Section 416: Simplified Explanation
IPC Section 416 defines the offence of cheating by personation. This occurs when a person cheats by pretending to be someone else or knowingly substituting another person. Cheating by personation involves misrepresenting one’s identity or the identity of someone else to deceive another person, resulting in harm or loss. The key elements of this offence are the intentional deception regarding identity and the resultant harm or damage to the victim.
Is IPC Section 416 bailable?
IPC Section 416 is bailable. While cheating by personation is a serious offence involving deceit and potential harm, it typically allows for the possibility of bail under judicial discretion, considering the specifics of each case.
IPC Section 416 Punishment
Under related provisions like IPC Section 419, the punishment for cheating by personation involves imprisonment for either description for a term that may extend to three years, a fine, or both. The severity of the punishment can vary based on the circumstances and the impact of the deception on the victim.
Example of IPC Section 416
A real-life example of IPC Section 416 involved a man who impersonated a government official to secure loans from several banks. He used fake identification and documents to present himself as a high-ranking official, gaining the trust of bank officials and obtaining substantial loans. The fraud was discovered when the banks tried to verify his credentials and found discrepancies. The man was arrested and charged with cheating by personation under IPC Section 416. In court, he was sentenced to three years and fined, reflecting the serious nature of his deceit and the financial harm caused to the banks.
