Section 138 of the Bharatiya Nyaya Sanhita (BNS), 2023
📘 Section 138 – Cheating by Personation
⚖️ Paraphrased Provision
Section 138 deals with the offence of cheating by personation — that is, when a person fraudulently pretends to be someone else to deceive another person or entity, with the intention to cheat or cause wrongful gain or loss.
🔍 Detailed Explanation
✅ 1. What is Personation?
Personation means assuming the identity of another person.
This can be done by:
Using someone else’s name,
Imitating someone’s appearance,
Using forged documents, or
Otherwise pretending to be that person.
✅ 2. The Act of Cheating
The person intends to deceive someone by pretending to be another.
The deception leads to dishonest or wrongful gain for the person who commits the offence.
Or causes loss or harm to the person who is deceived.
✅ 3. Intent is Crucial
The offender must knowingly and deliberately pretend to be someone else.
The motive is to cheat or defraud another party.
✅ 4. Examples
Using a fake identity to open a bank account and withdraw money.
Impersonating a government official to extort money.
Using another person’s identity to fraudulently obtain benefits or property.
⚖️ 5. Punishment
The offender can face imprisonment for up to 3 years.
Or a fine, or both.
The exact punishment may depend on circumstances but aims to deter impersonation fraud.
🎯 6. Purpose of Section 138
To protect individuals and entities from fraud through identity deception.
To maintain trust and security in personal and commercial transactions.
To penalize dishonest behavior involving misuse of another person’s identity.
📝 Summary Table
| Aspect | Explanation |
|---|---|
| Offence | Cheating by personation (pretending to be another person) |
| Key Elements | Fraudulent assumption of identity with intent to cheat |
| Result | Dishonest gain or wrongful loss caused |
| Punishment | Up to 3 years imprisonment, fine, or both |
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