Section 416 IPC: Cheating by personation

Indian Penal Code, 1860

Section 416 IPC at a Glance

Section 416 IPC deals with cheating by personation. From 1 July 2024 it is replaced by Section 319(1) BNS.

Punishment

None of its own. Section 416 IPC defines cheating by personation and prescribes no punishment. Liability to punishment arises under Section 419 IPC, which provides imprisonment of either description for up to three years, or fine, or both.

BNS Equivalent

Section 319(1) →

Section 416 IPC Bare Act Text

416. 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.
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.

Source: Section 416, Indian Penal Code, 1860

Section 416 IPC in Simple Words

Section 416 of the Indian Penal Code (IPC) defines 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 another, or representing that he or any other person is a person other than he or such other person really is.

Under the Explanation to the section, the offence is committed whether the individual personated is a real or imaginary person. Section 416 IPC contains no penal sanction and has no entry in the First Schedule to the Code of Criminal Procedure, 1973; the offence is punished under Section 419 IPC.

Ingredients of Section 416 IPC

The accused committed cheating within the meaning of Section 415 IPC
The cheating was committed by pretending to be some other person, or by knowingly substituting one person for another, or by representing that the accused or any other person is a person other than he or such other person really is

Punishment Under Section 416 IPC

Imprisonment

Fine

None of its own. Fines are prescribed under the punishing section, Section 419 IPC.

Section 416 IPC defines cheating by personation and creates no offence of its own. It has no entry in the First Schedule to the CrPC; procedural classification and punishment follow Section 419 IPC.

Example of Section 416 IPC

In 2019, Rohit visited a car dealership in Shimla and falsely represented himself to the owner, Pankaj, as Siddharth, a senior civil surgeon working at the district hospital. By pretending to be Siddharth and presenting a forged hospital identity card, Rohit intentionally deceived Pankaj and dishonestly induced him to hand over a sedan car against a post-dated cheque that Rohit knew would be dishonoured. Because Rohit cheated Pankaj by pretending to be another person and representing himself to be someone other than he really was, Rohit has committed cheating by personation within Section 416 IPC.

When Section 416 IPC Does Not Apply

Section 416 IPC does not apply when a person deceives someone about the value or quality of property under his own true identity without pretending to be anyone else.
Section 416 IPC does not apply when an actor or writer uses a stage name or pen name without deceiving or cheating any person.
Section 416 IPC does not apply when a person pretends to be someone else as a harmless prank without inducing the delivery of property or causing harm in body, mind, reputation, or property.
Section 416 IPC does not apply when a third party mistakenly believes the accused to be another individual without any false representation or knowing substitution by the accused.

Section 416 IPC in the BNS

Section 416 IPC is now covered under Section 319(1) BNS.

Section 416 IPC corresponds to Section 319(1) BNS. Section 319(1) BNS retains the definition, Explanation, and illustrations of Section 416 IPC without substantive change. While the definition remains the same, the Bharatiya Nyaya Sanhita, 2023 consolidates the definition and the punishing provision into Section 319(1) BNS, where Section 319(2) BNS raises the maximum punishment for cheating by personation from three years to five years.

View detailed comparison (IPC 416 vs BNS 319(1)) →

FAQs on Section 416 IPC

What is cheating by personation under Section 416 IPC?▼

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 another, or representing that he or any other person is someone other than who they really are.

Does Section 416 IPC prescribe any punishment of its own?▼

No. Section 416 IPC is purely a definition section. The punishment for cheating by personation is prescribed separately under Section 419 IPC.

Under Section 416 IPC, can a person commit cheating by personation by pretending to be an imaginary person?▼

Yes. The Explanation to Section 416 IPC explicitly provides that the offence is committed whether the individual personated is a real or imaginary person.

Is Section 416 IPC bailable and cognizable?▼

Because Section 416 IPC defines a term rather than creating a punishable offence, it has no entry in the First Schedule to the CrPC. Procedural status follows the charging section, Section 419 IPC, which is cognizable and bailable.

What are the illustrations to Section 416 IPC?▼

The section provides two illustrations: pretending to be a certain rich banker of the same name, and pretending to be a deceased person. Both acts constitute cheating by personation.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·