Cheating by personation
Section 416 of the Indian Penal Code, 1860 deals with cheating by personation. 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. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 416, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 319 Cheating by personation Text carried over almost unchanged 99%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Inst. of Chartered Accountants of India vs Vimal Kumar Surana
Court's Decision & Legal Precedent
Where an act or omission constitutes a violation of a special statutory regulation (such as Sections 24, 24A, 25, 26 of the Chartered Accountants Act) and simultaneously constitutes one or more distinct offences under the Indian Penal Code (such as impersonation under Section 419, forgery under Sections 465, 468, or seal counterfeiting under Sections 472, 473), a person may be prosecuted and punished for offences under the IPC notwithstanding the existence of the special statute and its prescribed regulatory penalties, provided the offences are distinct in their legal ingredients. The requirement under Section 28 of the Chartered Accountants Act for Council sanction applies only to prosecution 'under the Act' itself and does not extend to prosecution for IPC offences that happen to arise from conduct violating the Act. The expression 'without prejudice to any other proceedings' in Sections 24A and 26 demonstrates parliamentary intent to permit parallel criminal proceedings. Interpretation of special legislation that would preclude IPC prosecution must be avoided where such interpretation creates discrimination in treatment of serious criminal conduct or renders the special statute vulnerable to constitutional challenge under Article 14.
On this section: Applied to establish that acts of impersonation, forgery and fraud constitute distinct IPC offences regardless of regulatory law violations
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N. K. Prasada vs Govt. of India
Court's Decision & Legal Precedent
When a party with proper notice of proceedings chooses not to appear and participate in proceedings, including not cross-examining witnesses, they cannot later claim violation of principles of natural justice. The burden lies on the party to demonstrate both absence of proper notice and serious prejudice arising therefrom. Further, the Supreme Court may refuse to exercise its discretionary jurisdiction under Article 136 when the appellant has abused the process of court or engaged in fraud. The PIL mechanism, while intended for public interest, cannot be allowed to serve as a destructive weapon against legitimate government orders or decisions, and courts must exercise self-restraint in recognizing and preventing such abuse.
On this section: Cheating by personation
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 416
What have the courts held on Section 416 of the Indian Penal Code?
Inst. of Chartered Accountants of India vs Vimal Kumar Surana (01 Dec 2010) is the leading judgment on this section among those set out below: Applied to establish that acts of impersonation, forgery and fraud constitute distinct IPC offences regardless of regulatory law violations. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2004 to 2010.
How do I find court cases under Section 416 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 416, section 416 IPC, section 416 of the Indian Penal Code. People searching for it also type ipc 416 in bns and ipc 416 punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Inst. of Chartered Accountants of India vs Vimal Kumar Surana (01 Dec 2010).
What should I read with Section 416 of the Indian Penal Code, and has it changed?
4 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 319 (Cheating by personation), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 416 of the Indian Penal Code come into force?
Section 416 of the Indian Penal Code, cited as IPC 416, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.