Facts of the Case
The accused person impersonated another individual named David in order to obtain a hall-ticket for the LL.B. examination. After obtaining the hall-ticket fraudulently, the accused appeared for and wrote the LL.B. examination in the name of David.
Thus, impersonation was used to secure entry to the exam and attempt to take the exam on behalf of another person.
There is no indication that real David authorized the accused to appear on his behalf. The conduct shows deliberate cheating, impersonation, and fraudulent misrepresentation.
Issues in the Case
- Whether impersonating David to obtain a hall-ticket amounts to cheating under the IPC?
- Whether appearing in the examination as David amounts to the offence of personation under Section 416 IPC?
- Whether using a fraudulently obtained hall-ticket constitutes forgery or use of a forged document under Sections 465–471 IPC?
- Whether the accused attempted to commit an offence relating to false personation in examinations?
- Whether such conduct violates public confidence in academic institutions and constitutes a punishable offence even if no financial loss occurred?
Legal Principles Applicable
a) Section 416 IPC — Cheating by Personation
A person is said to cheat by personation if he:
- Pretends to be another person, or
- Knowingly substitutes one person for another, or
- Represents that he or another is someone else.
By pretending to be David and obtaining the hall-ticket, the accused clearly satisfies this section.
Punishable under Section 419 IPC.
b) Section 420 IPC — Cheating and Dishonestly Inducing Delivery of Property
The hall-ticket is considered an important document conferring a legal right to write an examination. Obtaining it through impersonation amounts to deceiving the examination authorities.
This may attract Section 420 IPC, since the exam board was induced to deliver a document based on false identity.
c) Section 464, 465, 468, 471 IPC — Forgery and Use of Forged Documents
Although the accused may not have physically forged the hall-ticket, his act may fall under:
- Section 468 IPC – Forgery for the purpose of cheating, if any document was altered or created fraudulently;
- Section 471 IPC – Using as genuine a document known to be fraudulently obtained.
Using a hall-ticket in a false identity qualifies as use of a forged or fraudulently obtained document.
d) Academic Fraud as Public Wrong
Indian courts have repeatedly held that impersonation and cheating in examinations:
- Undermine public trust in institutions,
- Constitute criminal offences irrespective of financial loss,
- Amount to cheating and fraudulent conduct attracting IPC liability.
Key principle: Fraud on public examinations is an offence because it damages the credibility of educational systems.
e) No Defence of “Harmless Act”
The fact that the accused only wrote the exam and caused no injury to property or body does not absolve him.
Criminal law penalizes conduct that:
- Misrepresents identity,
- Gains an illegal advantage,
- Violates public trust.
Thus, criminal liability is unquestionably attracted.
Possible Judgement
Finding of the Court
The court will likely hold that the accused has committed multiple offences, including:
- Cheating by personation (Sections 416 & 419 IPC)
- Cheating and inducing delivery of property (Section 420 IPC)
- Use of a fraudulently obtained document (Section 471 IPC)
- Attempt to commit cheating (Section 511 IPC, if needed)
Reasoning
- The accused impersonated David intentionally.
- He induced the examination authority to issue a hall-ticket by false representation.
- He used that hall-ticket to unlawfully appear in the LL.B. examination.
- These acts constitute cheating, impersonation, and fraudulent use of official documents.
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