Section 205 IPC: False Personation in Suit or Criminal Prosecution
Section 205 of the Indian Penal Code, 1860 punished a person who falsely personated another and, in that assumed character, performed specified acts in a suit or criminal prosecution.
Section 205 IPC - statutory rule
Whoever falsely personates another and, in that assumed character, makes any admission or statement, confesses judgment, causes any process to be issued, becomes bail or security, or does any other act in any suit or criminal prosecution, is punishable under Section 205 IPC.
What is false personation under Section 205 IPC?
For this provision, false personation involves assuming the identity or character of another person and then acting in that assumed character in connection with a suit or criminal prosecution. The provision was directed at impersonation affecting judicial proceedings rather than merely using a false name in an unrelated setting.
Acts specifically covered by Section 205
The statutory language expressly included several acts performed while falsely personating another:
- making an admission;
- making a statement;
- confessing judgment;
- causing any process to be issued;
- becoming bail or security; or
- doing any other act in a suit or criminal prosecution while acting in the assumed character.
Essential ingredients
On the language of Section 205, the material elements were:
- the accused falsely personated another person;
- the accused acted in the assumed character of that person;
- while doing so, the accused performed an act of the kind described in Section 205; and
- the act occurred in a suit or criminal prosecution.
The connection with a judicial suit or criminal prosecution is therefore a central part of the offence.
Punishment under Section 205 IPC
| Provision | Punishment |
|---|---|
| Section 205 IPC | Imprisonment of either description for a term which may extend to three years, or fine, or both. |
Nature of offence under the pre-BNSS procedure
Under the First Schedule to the Code of Criminal Procedure, 1973, Section 205 IPC was classified as a non-cognizable and bailable offence and was triable by a Magistrate of the first class. This describes the CrPC-era procedural position relevant to the pre-BNS legal framework.
Why the assumed character matters
The wording does not stop at the act of personation. It requires the personator, in the assumed character, to make an admission or statement, confess judgment, cause process to issue, become bail or security, or otherwise act in the suit or criminal prosecution. Accordingly, both the impersonation and the proceeding-related act are important when applying the section to particular facts.
Relationship with neighbouring IPC provisions
Section 205 formed part of the IPC provisions concerning false evidence and offences against public justice. It differed from Section 204 IPC, which dealt with destruction or concealment of a document or electronic record to prevent its production as evidence. It also differed from Section 209 IPC, which addressed dishonestly making a false claim in a Court.
Practical summary
Section 205 IPC protected the authenticity of participation in judicial proceedings. Its focus was a person falsely assuming another's identity or character and then acting in that assumed character in a civil suit or criminal prosecution. The maximum punishment under the provision was three years' imprisonment, fine, or both.
Legal note: The applicability of the IPC or the post-1 July 2024 criminal laws depends on the date and circumstances of the alleged conduct and the governing saving or transitional provisions.