OFFENCE
A PROJECT REPORT
Submitted to the
UNIVERSITY FIVE YEAR LAW COLLEGE
UNIVERSITY OF RAJASTHAN
JAIPUR
(2011)
guidance.
AJIT YADAV.
Student of B.A.,LLB.
(Hons.) Fifth Semester
UFYLC
University of Rajasthan,
Jaipur
Roll No. 007
LIST OF CONTENTS
Certificate.................................................................................. i.
Acknowledgement.....................................................................ii.
CHAPTER 1
Introduction…………………………………………………….1.
Research methodology………………………………………...2.
Hypothesis……………………………………………………..2.
CHAPTER 2
Cheating by personation ……………..……………………….. 3.
CHAPTER 3
CHAPTER 4
4.0. Punishment for cheating by personation…………………...7.
CHAPTER 5
5.1.Police impersonation……………………………………….8.
CHAPTER 6
Conclusion………………………………………………..
……..10.
Table of cases…………………………………………………...11.
INTRODUCTION
1
Pretending means The act of giving a false appearance.
2
Celebrity means A widely known person.
3
Confidential means The level of official classification for documents next above restricted and below secret;
available only to persons authorized to see documents so classified.
1.1 RESEARCH METHODOLOGY
Researcher has used doctrinal method while dealing with the research project
related to “Impersonation as an offence”.
Cheating by personation :-- Under Section 416 of Indian Penal Code …if a
person is said to cheat by personation if he cheats by pretending to be some other
person, or by knowingly substituting4 one person for another, or representing that
he or any other person is a person other than he or such other person really is.
This section (416) defines cheating by personation which is one of the ways in
which the offence of cheating is committed. It says that a person is said to cheat by
personation if he cheats by pretending to be some other person which he is not, or
by knowingly substituting one person for another person, or representing that he is
a person other than he really is. This explanation attached to the section states that
the offence of cheating by personation is committed whether the individual
personated is a real person or an imaginary5 person. The first illustration clarifies
that it is not necessary to change one’s name to commit this offence and if there is
any other person who also has the same name as that of the accused and the
accused cheats pretending to be that other person, he commits this offence. The
second illustration shows that this offence can be committed even by pretending to
be some other such person who is dead.
The section requires that the offender must cheat. He must cheat by pretending to
be some other person, or by knowingly substituting one person for another, or
representing that he is some other person than he really is, or representing that any
other person is some other person than he really is. The explanation says that this
offence is committed both when the individual personated is a real person and
when the individual personated is an imaginary person.
4
Substituting means Act or speak as a replacement.
5
The word imaginary tends to Not based on fact; unreal.
6
Cheat means Defeat someone through trickery or deceit.
CHAPTER-3
In the case of State v. Padam Singh7 the Madhya Pradesh High Court has held that
a person cannot be convicted8 merely because he secured an employment by giving
out a fictitious name for himself but it must also be proved that he would not have
got that job had he disclosed his true identity.
7
1973 Cr.LJ877(MP).
8
Convicted means (law) find or declare guilty.
9
1957Cr.LJ44.
10
(1863) 1 Bom HC89.
11
1985 Cr.LJ1948(Cal)
12
1960 Cr.LJ 1181.
3.4.Personation before a public servant :- In case of Khairati ram v. State13,
where the accused was not the payee mentioned in some money orders but falsely
represented before the postman that he was the payee and produced false identity
card also for identification and thus induced the postman to pay him the amounts
and he also signed in the money order as payee, it was held that he was guilty of
cheating by personation. But in another case Jagat Narayan v. State14, where the
accused under authorization from his brother who was the payee of a money order,
went to the post office, signed in the name of his brother and received the money,
he could not be held guilty of cheating by personation as there was no dishonest
intention on his part.
In case of Ram Jas v. State15, an accused, by merely inducing an Oath
Commissioner, by wrongful identification, to attest an affidavit does not commit
cheating by personation as the act done by the Oath Commissioner of attesting the
affidavit does not cause or is not likely to cause any damage or harm to him in
body, mind, reputation or property.
13
1972 Cr.LJ 254(Del).
14
A.I.R. 1967 All. 123.
15
AIR 1974 SC 184.
16
1937 Cr.LJ 577 (Cal).
17
(1871) 16 WR (Cr)42.
3.6.Accused professing to be a bachelor :------ In case of M.N.A.Achar v.
D.L.Rajagopal18, the accused dishonestly induced the complainant as well as his
daughter to agree to her marriage with him by professing to be a bachelor which he
was not is cheating by personation. It is not correct to say that simply because the
accused did not change his name on any occasion or remained the very same
person, although assumed a different status or character according to his
representation, this offence could not be committed.
18
1977 Cr.LJ NOC 228(Kar).
CHAPTER-4
Punishment for cheating by personation :-- Section 419 provides punishment for
cheating by personation. The section states whoever cheats by personation shall be
punished with imprisonment of either description for a term which may extend to 3
years, or with fine, or with both.
In case of YashPal Mittal v. State19, The Supreme Court ruled that where the
contents of the charge clearly state that the main object of a criminal conspiracy
was to commit cheating by personation, and the accused was also charged under
section 419 along with other charges, it does not matter if contents of the charge do
not mention cheating by personation specifically and it would not mean that the
charge of cheating simplicitor under section 417 has been brought against him.
The offence under this section is cognizable20, bailable and compoundable21 when
permitted by the court trying the case and is triable22 by any magistrate.
19
AIR 1979 SC 2433.
20
Cognizable means Capable of being known.
21
Compoundable means Make more intense, stronger, or more marked.
22
Triable means Put on trial or hear a case and sit as the judge at the trial of.
CHAPTER-5
• Fake Badge or Warrant card: The imposter, though not in any special
clothes, displays a police-like badge25 or identification card to the victim.
Sometimes a real police officer will not even be able to differentiate between
the real and fake badge, as some duplicates are very, if not exactly alike.
• Fake uniform: The imposter wears a uniform that looks very much like that
of a police officer.
• Fake vehicle: The imposter places lights, decals, or other equipment on a
personal vehicle to disguise it as a police car and enable the offender to
make arrests or traffic stops.
23
Burglary means Entering a building, vehicle, or other enclosure unlawfully with intent to commit a felony or to
steal valuable property.
24
Detaining means Cause to be slowed down or delayed.
25
Badge means An emblem (a small piece of plastic, cloth or metal) that signifies your status (rank, membership,
affiliation etc.).
Much of the equipment described above is available for purchase to the general
public, thereby enabling imposters to obtain the necessary materials to commit
such a crime. While the equipment will not bear the name of a specific law
enforcement agency, the unsuspecting victim may not notice the difference.
CHAPTER-6
The identity thief impersonates someone else in order to conceal their own true
identity. Examples might be illegal immigrants, people hiding from creditors or
other individuals, or those who simply want to become "anonymous" for personal
reasons. Unlike identity theft used to obtain credit which usually comes to light
when the debts mount, concealment may continue indefinitely without being
detected, particularly if the identity thief is able to obtain false credentials in order
to pass various authentication tests in everyday life.
The law doesn’t punish mere personation because it is no consequence to the
society at all. This offence is committed both when the individual personated is a
real person and when the individual personated is an imaginary person.
Surveys in the USA from 2003 to 2006 showed a decrease in the total number of
victims and a decrease in the total value of identity fraud from US$47.6 billion in
2003 to $15.6 billion in 2006. The average fraud per person decreased from $4,789
in 2003 to $1,882 in 2006.
Table of Cases
1. lawandotherthings.blogspot.com.
2. books.google.co.in.