Under which specific sections of the IT Act or BNS can you file a criminal case against the person running a YouTube impersonation scam using your numismatic brand?

The Simple Truth

A YouTube registration fee impersonation scam attracts multiple criminal provisions simultaneously — from the IT Act 2000, the BNS 2023, and the Copyright Act 1957. Filing an FIR that cites all applicable sections strengthens the prosecution, prevents the accused from escaping on technical grounds, and ensures the most appropriate punishment is available to the court. Every section cited in the FIR adds a separate charge that the prosecution can argue independently.

IT Act 2000 — the primary digital crime provisions

Section 66C — Identity theft: 'Whoever, fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person' — punishable with imprisonment up to 3 years and fine up to ₹1 lakh. A YouTube channel that uses the authentic creator's name, photograph, logo, and channel identity is using their unique identification features fraudulently. This is the most directly applicable IT Act provision.

Section 66D — Cheating by personation using computer resources: 'Whoever, by means of any communication device or computer resource cheats by personating' — punishable with imprisonment up to 3 years and fine up to ₹1 lakh. The YouTube channel is a computer resource; using it to impersonate the authentic creator and obtain registration fees from subscribers is cheating by personation. This provision specifically addresses online impersonation fraud.

Section 43 — Causing damage to a computer resource: Accessing and downloading the authentic creator's videos without authorisation to upload them to the fake channel constitutes unauthorised access to and use of a computer resource. While Section 43 is primarily a civil provision (compensation), it supports the overall picture of the offending pattern in the FIR.

BNS 2023 — the primary criminal law provisions

Section 318 — Cheating: 'Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property' — punishable with imprisonment up to 3 years (sub-section (2): up to 7 years where the offender falsely represented themselves as a government official or person in a position of authority). Subscribers who paid registration fees because they believed they were dealing with the authentic creator (UNC Museum) were induced to deliver property (money) by deception. If the fake channel claimed any governmental or official endorsement, the 7-year provision applies.

Section 336 — Impersonation: 'Whoever makes any false representation to the prejudice of any person, or with intent to deceive' — punishable with imprisonment up to 5 years. Creating a YouTube channel in the authentic creator's name and running it as if it were the authentic creator is a false representation made with intent to deceive. Section 336 and Section 318 are typically cited together in impersonation fraud FIRs.

Section 340 — Forgery: 'Whoever makes any false document or false electronic record or part of a document or electronic record' — punishable with imprisonment up to 2 years. Creating a YouTube channel that reproduces the authentic creator's identity (name, thumbnail, videos) constitutes creating a false electronic record. The aggravated forms of forgery (Section 344: forgery of a government document) carry up to 7 years — applicable if the fake channel claims government endorsement or RBI approval for the registration fee requirement.

Copyright Act 1957 — the intellectual property provisions

Section 51 — Copyright infringement: reproducing and using the authentic creator's videos without permission on the fake channel is copyright infringement. Section 63 — Criminal penalty for wilful infringement: where copyright is infringed for commercial gain (as it is here — the infringed videos are used to build credibility for the registration fee scam), the criminal penalty applies — imprisonment between 6 months and 3 years, and fine between ₹50,000 and ₹2 lakh. The wilful commercial infringement characterisation is strong because the videos were not copied for education or research — they were copied to perpetuate financial fraud.

Complete FIR section reference — cite all applicable sections

IT Act 2000 — §66C (identity theft: up to 3 years + ₹1 lakh fine)

IT Act 2000 — §66D (cheating by personation using computer resources: up to 3 years + ₹1 lakh fine)

IT Act 2000 — §43 (unauthorised access and damage to computer resource: civil remedy + supports pattern evidence)

BNS 2023 — §318(2) (cheating: up to 7 years if official status falsely claimed; up to 3 years otherwise)

BNS 2023 — §336 (impersonation: up to 5 years)

BNS 2023 — §340/§344 (forgery/aggravated forgery of electronic record: up to 2 years/7 years)

Copyright Act 1957 — §51 + §63 (wilful commercial copyright infringement: 6 months to 3 years + ₹50,000 to ₹2 lakh)

Laws & authorities referenced in this chapter

IT Act 2000 — §66C (identity theft: up to 3 years imprisonment + ₹1 lakh fine)

IT Act 2000 — §66D (cheating by personation using computer resources: up to 3 years + ₹1 lakh fine)

BNS 2023 — §318 (cheating: up to 3 years; sub-section (2): up to 7 years if official status falsely claimed)

BNS 2023 — §336 (impersonation: up to 5 years), §340 (forgery: up to 2 years), §344 (aggravated forgery: up to 7 years)

Copyright Act 1957 — §51 (infringement), §63 (criminal penalty: 6 months to 3 years + ₹50,000 to ₹2 lakh for wilful commercial infringement)

Key Takeaway

Cite all applicable sections in the FIR — each is a separate charge the prosecution can argue independently. Primary sections: IT Act §66C (identity theft) + §66D (cheating by personation) + BNS §318 (cheating) + §336 (impersonation) + §340 (forgery) + Copyright Act §51/§63 (wilful commercial infringement). Aggravated versions: BNS §318(2) if official/governmental status falsely claimed (7 years); §344 if government document forgery. Multiple sections = multiple concurrent sentences; more importantly, multiple alternative bases if any one section is technically challenged.

This is educational content, not legal advice. For a specific situation, please consult a qualified legal professional. Excerpted from Currency, Coins & The Law by Mayank Agarwal, Part 42: YouTube Impersonation & Registration Fee Scams — Platform-Specific Legal Response.

← Back to Part 42 Next question →