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BailableCognizable: CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 416 to BNS 319.
2
Covers both physical and digital personation — fake social media, identity document fraud.
3
Maximum 3 years — higher if property is obtained (Section 318 applies).
THE STATUTE
The Clause
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.
Legal Commentary
Section 319 defines the specific fraud of cheating by personation — impersonating another person or substituting one person for another to carry out deception. This covers the full spectrum of identity fraud: impersonating another individual to obtain their benefits, presenting a different person under another's name, or falsely representing one's identity to any person or institution. In the digital age, Section 319 covers: fake social media accounts impersonating real individuals; fraudulent use of another person's identity documents to access banking or government services; exam impersonation (appearing in someone else's place at an examination); and matrimonial fraud where one presents a false identity. The 3-year maximum applies as the base; where the personation results in delivery of property, the aggravated cheating provision (Section 318) with a 7-year maximum applies.
Case Simulations
"Using another person's Aadhaar card to open a bank account — Section 319."
"Appearing in a competitive examination in another student's place — Section 319."
"Creating a fake social media profile to defraud that person's contacts — Section 319."
Expert Insights
Yes — creating a fake profile impersonating a real person with intent to cheat or harm them constitutes cheating by personation under Section 319, plus potentially other provisions (Section 353 for public mischief, IT Act provisions).