Impersonation Complete Upon Entry Into Exam Hall With Another's Admit Card, Even If Caught Before Writing Exam: Gujarat High Court

The Gujarat High Court has said that the moment a person enters an examination hall carrying the admit card of the candidate he is impersonating, the offence of cheating by personation is fulfilled and the accused being caught prior to actual holding of exam makes no difference. [2026 LiveLaw (Guj) 215]Justice Nisha M Thakore in her order said:"the very fact that the applicant No. 2 pretended to be someone else, knowingly had substituted himself for another person and by making such representation while carrying admit card with him and having entered the examination hall, he had completed his task of representing the other person. In the opinion of this Court, the moment the applicant No. 2 had entered the examination hall carrying admit card by pretending to be the candidate of admit card, the act of personation was achieved. Merely because prior to the holding of actual examination, the applicant was caught from the spot by the block supervisor and Building Conductor i.e. before entering any word in the answer sheet would make no difference".The court was hearing an plea moved by two men challenging their conviction under Sections 419 (punishment for cheating by personation)and 114 IPC. The sentence of the applicants had been suspended by high court in 2019 and the applicants were released on bail pending decision in their revision plea before high court. Applicant no. 2 had entered the examination hall carrying admit card of applicant no. 1 but was caught by the block supervisor and Building Conductor before he could actually answer the exam paper.With respect to the applicants contention that they were caught by the block supervisor before committing the offence the court said that merely because no answer sheets were handed over to the applicant or there was no recovery of any answer sheet from the applicant would have no bearing insofar as the chain of events suggesting completion of the offence of cheating by personation. With respect to offence of abetment alleged against applicant no.1, the court said that applicant no.1 handed over the admit card to the applicant no.2, which reflects the active participation of the applicant no.1 in conspiracy and instigation to commit act of personation by applicant no.2. However, it is not in dispute that the applicant no.1 was not present at the time of actual offence when implemented.Midifying the trial court order the high court convicted applicant no. 1 under Section 109 IPC (punishment for abetment) whereas applicant no.2 was convicted for the offence under section 419 IPC.The court however took a lenient view in respect of the sentence after noting that the conduct of the applicants in the society was reported to be good by their probation officer. "The applicants are directed to remain under supervision of the Probation Officer, Kutch during a period of one year from today. The applicants shall not get involved in any kind of illegal activities and shall furnish the details of their permanent abode. The applicants shall furnish bonds without sureties thereby specifying to abide by the conditions so impose," the court said. The plea was disposed. Case title: RAMESH GAGU SAAMATBHAI BAKUTRA & ANR. v/s STATE OF GUJARATR/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 277 of 2019Appearance: NISARG S SHAH(8886) for the Applicant(s) No. 1,2MS.KRINA CALLA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1Citation: 2026 LiveLaw (Guj) 215Click Here To Read/Download Order

Impersonation Complete Upon Entry Into Exam Hall With Another's Admit Card, Even If Caught Before Writing Exam: Gujarat High Court

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Impersonation Complete Upon Entry Into Exam Hall With Another's Admit Card, Even If Caught Before Writing Exam: Gujarat High Court

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