Section 419 IPC: Punishment for cheating by personation

Indian Penal Code, 1860

Section 419 IPC at a Glance

Section 419 IPC deals with punishment for cheating by personation. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 319(2) BNS.

Punishment

Imprisonment of either description for a term which may extend to three years.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 319(2) →

Section 419 IPC Bare Act Text

419. Punishment for cheating by personation

Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Source: Section 419, Indian Penal Code, 1860

Section 419 IPC in Simple Words

Section 419 of the Indian Penal Code (IPC) prescribes the punishment for cheating by personation. Whoever commits cheating by personation is punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Under the First Schedule to the Code of Criminal Procedure, 1973, the offence is cognizable, bailable, and triable by any Magistrate. The offence is compoundable without the permission of the court by the person cheated under Section 320(1) CrPC.

Ingredients of Section 419 IPC

  • The accused committed cheating as defined under Section 415 IPC
  • The cheating was accomplished by personation within the meaning of Section 416 IPC
  • The accused pretended to be some other person, or knowingly substituted one person for another, or represented that a person was someone other than who that person really was

Punishment Under Section 419 IPC

Imprisonment

Imprisonment of either description for a term which may extend to three years.

Fine

The court may impose fine alone, or fine in addition to imprisonment.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

Cheating by personation is punished with imprisonment of either description for a term extending up to three years, or with fine, or with both.

Example of Section 419 IPC

In 2020 in Bhopal, Vikram visited a wholesale textile showroom owned by Kavita and falsely pretended to be Sameer, a wealthy garment exporter known by reputation in the city. Believing that she was dealing with Sameer, Kavita was deceived and dishonestly induced by Vikram to hand over expensive silk catalogues on short-term approval, which Vikram intended from the outset to keep without paying. Because Vikram cheated Kavita by consciously pretending to be some other person, he committed cheating by personation. Vikram is punishable under Section 419 IPC.

When Section 419 IPC Does Not Apply

  • The accused never pretended to be another individual or substituted one person for another during the transaction.
  • An author, artist, or trader used an established pen name or stage name openly without any dishonest or fraudulent intent.
  • The confusion over identity resulted from an innocent administrative error rather than deliberate impersonation.
  • Even though a false name was used, the act did not involve any deception or inducement constituting cheating under Section 415 IPC.

Section 419 IPC in the BNS

Section 419 IPC is now covered under Section 319(2) BNS.

Section 419 IPC corresponds to Section 319(2) BNS. Section 319(2) BNS increases the maximum punishment for cheating by personation from three years under Section 419 IPC to five years under Section 319(2) BNS, while continuing to provide for fine, or both. In addition, the Bharatiya Nyaya Sanhita, 2023 consolidates the definition previously in Section 416 IPC and the penalty into a single Section 319(2) BNS.

View detailed comparison (IPC 419 vs BNS 319(2)) →

FAQs on Section 419 IPC

What does Section 419 IPC punish?▼

Section 419 IPC punishes cheating by personation, where an offender deceives another by pretending to be some other person or substituting one person for another.

What is the punishment prescribed under Section 419 IPC?▼

The punishment is imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Is Section 419 IPC bailable and cognizable?▼

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 419 IPC is cognizable and bailable, triable by any Magistrate.

Can an offence under Section 419 IPC be compounded?▼

Under Section 320(1) CrPC, compounding can be done directly by the person cheated, and leave of the court is not required.

Does Section 419 IPC require that the person personated be a living person?▼

No, under the statutory definition of personation, the offence is committed whether the individual personated is a living person, a deceased person, or an imaginary person.

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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 ·