Impersonation is a serious offense, often associated with fraud, deception, and malicious intent. In India, the legal framework to address impersonation is outlined under different Section of the Indian Penal Code (IPC). This section specifically deals with punishment for cheating by impersonation.
This article looks into the impersonation under IPC Section, its implications, legal consequences, and the measures to prevent impersonation.
Protect Your Brand & Recover Revenue With Bytescare's Brand Protection software
What is Impersonation?
Impersonation involves assuming the identity of another person with the intent to deceive or defraud. This act can occur in various forms, such as posing as another individual online, using someone else’s credentials, or even physically impersonating someone.
The motives behind impersonation can range from financial gain, evading law enforcement, or causing harm to the victim.
Impersonation under IPC Section
The Indian Penal Code (IPC) provides a robust legal framework to address the crime of impersonation. Various sections within the IPC cover different facets of impersonation, ensuring that individuals who commit such acts are held accountable under the law.
These sections include IPC Sections 34, 170, 205, 416, 419, and 420. Each of these sections addresses specific scenarios and elements of impersonation, providing a comprehensive legal approach to tackle this crime.
Protect Your Brand & Recover Revenue With Bytescare's Brand Protection software
Section 34: Penalty for Impersonation During Enrollment
Section 34 deals specifically with the act of impersonation during the enrollment process.
According to this section, anyone who impersonates or attempts to impersonate another individual, whether living, deceased, real, or fictitious, by submitting false demographic or biometric information, shall be subject to punishment. This punishment may include imprisonment for a term of up to three years, a fine of up to ten thousand rupees, or both.
This section is particularly relevant in the context of government and institutional enrollment processes, such as voter registration, Aadhaar enrollment, or any other scenario where accurate demographic or biometric information is required. The intent behind this section is to prevent fraudulent enrollments that could undermine the integrity of various systems and processes.
Section 170 of The Indian Penal Code, 1860: Personating a Public Servant
According to Section 170, there are penalties for those who pose as public servants and falsely claim to hold a particular office while knowing they do not, or who impersonate someone who holds a similar position and then carry out or attempt to carry out any act under the guise of that office. This punishment carries a maximum two-year sentence in either form of imprisonment (rigorous or simple), fine, or both.
Protect Your Brand & Recover Revenue With Bytescare's Brand Protection software
Section 205 of The Indian Penal Code, 1860: False Personation for Acts or Proceedings in a Suit or Prosecution
According to Section 205, there are penalties for people who pose as someone else and then make statements or admissions, confess to a court ruling, start legal proceedings, post bail or act as security, or take part in any other actions related to a civil lawsuit or criminal investigation. This punishment can consist of a fine, a sentence of up to three years in either category of imprisonment (rigorous or simple), or both.
Section 416 of The Indian Penal Code, 1860: Cheating by Personation
Section 416 states that a person is said to commit the offense of “cheating by personation” if they deceive someone by pretending to be another person, by knowingly substituting one person for another, or by representing themselves or another person as someone other than who they truly are.
Explanation: The offense of cheating by personation is committed whether the person impersonated is real or imaginary.
Illustration:
- (a) If A deceives by pretending to be a wealthy banker of the same name, A is cheating by personation.
- (b) If A deceives by pretending to be B, who is deceased, A is cheating by personation.
Section 419 of The Indian Penal Code, 1860: Punishment for Cheating by Personation
As per Section 419, there is a penalty for anyone who engages in the fraudulent conduct of assuming the identity of another person. This offence has a maximum sentence of three years in prison, a fine, or both.
Section 420 of The Indian Penal Code, 1860: Cheating and Dishonestly Inducing Delivery of Property
According to Section 420, there will be consequences for anyone who deceives someone and then dishonestly persuades them to give up property, create, alter, or destroy a valuable security in whole or in part, or do anything that is sealed or signed and has the potential to be turned into a valuable security.
This punishment may include imprisonment for a term that may extend up to seven years, and the offender shall also be liable to a fine.
Interplay of Sections
The interplay of IPC Sections 34, 170, 205, 416, 419, and 420 creates a comprehensive legal framework to address impersonation fraud and related offenses. These sections often work together to cover different facets of a crime, ensuring all aspects are prosecuted.
For instance, if someone impersonates a public servant (Section 170) to obtain a loan fraudulently, they can be charged under both Section 170 for impersonation and Section 420 for cheating and dishonestly inducing the delivery of property.
Similarly, impersonating someone in legal proceedings to gain favorable outcomes could involve charges under Section 205 for false personation and Section 419 for cheating by personation.
The simultaneous application of these sections allows for enhanced penalties, reflecting the severity of the offense. Judicial discretion plays a key role in determining appropriate charges, ensuring that the cumulative impact of the crime is considered.
This well-organised judicial system shields people and organisations from fraud and deceit by facilitating the prosecution of intricate crimes involving impersonation.
By holding criminals accountable for the entirety of their deeds, the interconnected approach preserves the values of justice and discourages similar offences in the future.
Elements of Impersonation
The prosecution must prove each of the following components beyond a reasonable doubt to establish the offence of impersonation attack:
False Representation: There has to be a false identity claim made by the accused.
Intent to Cheat or Deceive: The misleading representation had to be intended to trick or mislead people.
Fraudulent conduct: Using a false identity, the accused must have carried out a fraudulent conduct.
Impersonation in the Digital Age
With the rise of digital technologies and online platforms, impersonation has taken on new forms and challenges. Cyber impersonation, where individuals assume others’ identities online, has become increasingly common, leading to cases of fraud, defamation, and other cybercrimes.
Social media platforms, in particular, have become breeding grounds for impersonation, with individuals creating fake profiles to deceive others or carry out illegal activities.
The anonymity and ease of access provided by the internet make it easier for individuals to impersonate others without immediate detection.
In response to these challenges, Indian law enforcement agencies and legal bodies are increasingly focusing on cyber impersonation and working to develop new legal frameworks and technological solutions to address this issue.
The existing sections of the IPC, while still relevant, may need to be adapted or expanded to effectively combat the evolving nature of impersonation in the digital age.
What’s Next?
Impersonation under the Indian Penal Code (IPC) involves cheats by personation, where an individual assumes the identity of a real person or even an imaginary person with dishonest intention. This can lead to fraudulent execution of actions, such as concealment of property or wrongful gain.
Allegations of impersonation often arise in cases of identity theft, cyber crime, or when a false statement is made under common intention.
The law addresses these offenses, including fraudulent removal or fraudulent intent, with a sentence of imprisonment to deter such acts. The IPC provisions safeguard against the misuse of identity, ensuring that both real and digital identities are protected.
To safeguard your online identity across social media accounts, it is important to utilise tools like the robust Fake Profile Remover from Bytescare.
Equipped with cutting-edge technology, this tool swiftly detects and eradicates fake profiles on top social platforms, ensuring the authenticity of your online presence.
By scheduling a demo, you can elevate your online credibility and defend against impersonation, securing the genuineness and safety of your digital identity.
The Most Widely Used Brand Protection Software
Find, track, and remove counterfeit listings and sellers with Bytescare Brand Protection software
FAQs
What is personation under the Indian Penal Code (IPC)?
Impersonation under the IPC involves falsely assuming another person’s identity, whether a real or imaginary person, with the intent to deceive or gain an advantage. It is addressed under various sections, such as 34, 170, 205, 416, 419, and 420.
What is the punishment for impersonation under IPC?
The punishment for personation can vary depending on the specific section under which the offense is charged. It can range from a sentence of imprisonment for up to seven years (under Section 420) to fines or both, depending on the nature of the offense.
How does the IPC differentiate between different types of impersonation?
The IPC categorises impersonation offenses based on the context, such as impersonating a public servant (Section 170), cheating by personation (Section 416), or using false personation in legal proceedings (Section 205).
Can someone be charged under multiple IPC sections for a single act of impersonation?
Yes, if a single act of personation involves multiple offenses, such as cheating and fraudulent intent, the individual can be charged under multiple IPC sections, allowing for a comprehensive legal response.
What constitutes cheating by personation under IPC Section 416?
Cheating by personation under Section 416 involves deceiving someone by pretending to be another person or substituting one person for another, with the intent to cheat.
Is impersonation considered a cyber crime under the IPC?
Impersonation can be considered a cyber crime if it involves digital platforms, such as social media or online transactions. The IPC, along with the Information Technology Act, can be used to prosecute such offenses.
Ready to Secure Your Online Presence?
You are at the right place, contact us to know more.
