BNS Section 314 - Cyber Identity Theft

Whoever fraudulently uses or impersonates another person's identity through electronic means, including social media accounts, email, or digital platforms.

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Non-bailable, Cognizable

Official Text

“Whoever fraudulently uses or impersonates another person's identity through electronic means, including social media accounts, email, or digital platforms.”

Legal Analysis

Elements to Prove:

  • Fraudulently using or impersonating.
  • Another person's identity.
  • Through electronic means.

Potential Defenses:

  • No fraudulent use.
  • Authorized representation.
  • Legitimate impersonation.

Practical Examples

What Constitutes the Offense:

Creating fake social media profiles, impersonating others online, fraudulent digital identity use.

What Doesn't Constitute:

Authorized representation, legitimate impersonation, or lawful activities.

Punishment

Imprisonment up to 5 years, and Fine

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