Pretending to be someone? Personation is up to 7 years.

Myth or fact?

What people often think.

• Myth: Using another person's name is just ordinary cheating.
• Fact: Cheating by pretending to be someone else is cheating by personation: up to 7 years (PPC ss.416, 419).

The law.

Section 416, PPC.

“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.”

Pakistan Penal Code, 1860 · Section 416, Cheating by personation

Three ways.

Section 416, PPC.

• PretendingTo be some other person.
• SwappingKnowingly putting one person in place of another.
• MisdescribingSaying he, or someone else, is a person he is not.

Real or made up.

Explanation and illustrations.

• ImaginaryThe person copied may be real or imaginary.
• Same namePosing as a rich banker who shares his name.
• The deadPosing as a person who has died.

The punishment.

Section 419 and Schedule II, CrPC.

• The termUp to 7 years, or fine, or both (s.419).
• ArrestPolice may arrest without a warrant. Not bailable.
• SettlingCompoundable with the court's permission.

Quick quiz. The bank.

Guess first, then swipe for the answer.

• A. None, the bank paid
• B. Cheating by personation
• C. Only a civil claim

Answer: B. 1987 PCrLJ 907.

Special Court (Offences in Banks), Lahore.

• The factsHe impersonated the payee before the bank manager.
• The holdingAn offence under s.419, PPC.

The fake advocate.

2010 PCrLJ 419, Lahore High Court.

• The factsA licence on a bogus result card, then posing as an advocate.
• The holdingBail refused, even outside the prohibitory clause.

Knowledge must be proved.

1989 PCrLJ 380, Sindh High Court.

• The factsHe introduced the impostor to the bank.
• The gapNo proof he knew the man was not who he said.
• The resultAcquitted of abetment.

Online too.

2018 YLR 329, Sindh High Court.

• The factsA fake Facebook identity of a woman, with doctored photos.
• The lawCharged under PECA s.21 as well.
• The resultBail refused.

Before you send money.

Three habits that stop most of it.

• Call backOn a number you already had, not the new one.
• AskSomething only the real person would know.
• WaitA voice or a photo alone is not proof.

Been cheated?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• Someone called pretending to be my nephew abroad and I sent money. What case can I file?
• What is the difference between section 419 and 420 PPC?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 416
  Cheating by personation Pakistan Code