Impersonation in India: When Pretending to Hold Authority Becomes a Crime

  •   Tue, Mar 03 2026
  •   By Adv Juhi Damodar

March 3, 2026 

Why This Matters

Impersonation isn’t a harmless lie. Many of you must have come across this happening and been taken for a ride or ended up paying to someone who said that he or she was in that department/government employment/position. When someone falsely presents themself as holding authority or office, people are misled, decisions are distorted, and institutions weaken. In public and statutory bodies, such conduct can derail lawful processes and damage public trust. Indian criminal law treats impersonation seriously—especially when it interferes with lawful functions.

“Impersonation is not office politics. It is a prosecutable deception. When you pretend to hold authority, you expose yourself to criminal liability.” 

What Is Impersonation? (Quick Explainer)

Impersonation means pretending to be someone you are not, or falsely claiming authority you do not hold, in order to influence decisions or cause harm. It includes:

  • Claiming a public or statutory role without appointment
  • Presenting oneself as the final decision-maker
  • Passing off as another person
  • Digital impersonation via emails, messages, or social media
  • Using false authority to sideline the lawful office-holder

“Authority borrowed by deceit is authority borrowed against the law.” 

What the Law Says (BNS Framework)

Under the Bharatiya Nyaya Sanhita, 2023 (BNS), impersonation involving deception or cheating by personation becomes criminal when it causes or is likely to cause harm. The law focuses on deception and its impact on decisions and institutional processes.

Courts have consistently held that deception which misleads authorities into acting differently can attract criminal liability, and that fraud vitiates institutional processes.

“Fraud doesn’t need money to be a crime. Deception alone is enough.” 

Impersonating Authority: Why It’s Especially Serious

When someone falsely projects themself as the presiding authority or “main decision-maker” in a public body, it:

  • Misleads officials and stakeholders
  • Interferes with lawful duties
  • Undermines accountability
  • Corrodes governance

Courts repeatedly emphasise the need for institutional discipline and respect for lawful roles.

“The law is unforgiving to those who hijack authority they were never given.” 

Digital Impersonation: The New Frontline

Impersonation today often happens online—through fake profiles, emails, WhatsApp groups, or misuse of official titles and logos. When digital impersonation misleads people or authorities, it attracts criminal and regulatory consequences.

“Online or offline, deception is still deception.” 

When Does Impersonation Become a Crime?

Impersonation becomes legally actionable when four elements are present:

  1. False claim of identity or authority
  2. Intent to deceive
  3. Actual or likely harm
  4. Inducing others to act differently

“When deception alters official action, the line into criminality is already crossed.” 

Real-World Institutional Example

In a statutory public body, a member who is not the appointed as a presiding authority repeatedly presents themself to officials and external stakeholders as the “main authority.” The member dominates interactions, represents themself as the key decision-maker, and privately attempts to influence administrative officers to prevent the lawful presiding authority from exercising core functions such as authoring or approving orders.

This kind of misrepresentation:

  • Misleads the system
  • Interferes with lawful functioning
  • Undermines institutional credibility
  • Can attract disciplinary and criminal consequences

“Impersonation inside institutions leaves fingerprints on every decision.”

The Cost of Letting Impersonation Slide

Impersonation erodes trust, distorts decisions, and replaces lawful hierarchy with personality-driven power. Over time, it weakens institutions from the inside.

“Misrepresenting power is how careers end—and cases begin.”

Authority in a democracy is legal, not performative. When someone pretends to hold power, they do not have—and others begin to act on that pretence—the rule of law is at risk. Clear roles protect institutions. Impersonation corrodes them.

“Courts protect institutions—not impostors.”

 

 
By Adv Juhi Damodar
Adv Juhi Damodar is an advocate and chairperson of the Child Welfare Committee, Udupi, Karnataka. In addition to her legal practice, she is a published author and actively works to create awareness on parental alienation in India. She is the recipient of the Global Women in Business and Leadership Awards 2025. In her professional roles, she works closely with courts, police, and government departments on institutional accountability, dignity-based justice, and trauma-informed systems . Email: advapexofficial@gmail.com
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