Section 66D IT Act: Online Cheating by Impersonation, Punishment and Bail

Section 66D of the Information Technology Act, 2000 punishes cheating by personation using a computer resource. It is the section behind most "impersonation" frauds: fake bank or KYC calls, "digital arrest" scams, fake customer-care numbers, fake social media profiles, and romance and investment scams. For how it differs from identity theft, see our post on Section 66C vs 66D.

What Section 66D says

Whoever, by means of any communication device or computer resource, cheats by personation commits an offence under Section 66D. "Personation" means pretending to be some other person, real or imaginary, or knowingly substituting one person for another.

Punishment: imprisonment of up to three years, and a fine of up to ₹1 lakh.

Typical 66D situations

• Calls or messages from people posing as bank, KYC, electricity or courier officials.
• "Digital arrest" calls from people posing as police, CBI, ED or customs officers.
• Fake customer-care numbers on search results or social media.
• Fake profiles on matrimonial, dating or social media sites used to obtain money.
• Fake trading or investment platforms run under borrowed identities.

Is Section 66D bailable?

Yes. Being punishable with up to three years, Section 66D is bailable and cognizable under Section 77B of the IT Act. The same reasoning was applied to Section 66 by the Supreme Court in July 2026 in Maharaj Saran v. State of Punjab. It is also compoundable under Section 77A, subject to the usual exceptions for offences against women or children, or offences affecting the socio-economic conditions of the country.

Why 66D accused still face custody

66D is almost never registered alone. The usual companions are:

• Section 318(4) BNS (cheating and dishonestly inducing delivery of property): up to seven years, non-bailable;
• Section 319(2) BNS (cheating by personation);
• Section 336 and 340 BNS (forgery and using forged documents), where fake IDs or letters are used;
• Section 61 BNS (criminal conspiracy); and
• Section 111 BNS (organised crime) in call-centre and syndicate cases, which can carry life imprisonment.

Haryana police in particular often register 66D cases against people from other states, with production warrants and transit custody. The bail strategy depends heavily on which of these sections are invoked and what the accused's actual role is said to be.

How bail is approached

1. Identify the accused's role

In most 66D FIRs, the person who made the call is never found. The people arrested are usually account holders, SIM providers, or people who withdrew cash. Courts distinguish between the "kingpin" and peripheral actors. Bank statements showing small or no personal gain, the absence of any contact with the victim, and a clean record often carry weight. Courts have granted regular bail to people accused only of providing a "mule" account.

2. Before arrest

• Section 35 BNSS notice: where the offences are punishable with up to seven years, a notice of appearance rather than arrest should be the norm.
• Anticipatory bail (Section 482 BNSS): before the Sessions Court or the High Court. This is especially relevant where the accused learns of the case through an account freeze or a notice from another state.

3. After arrest

• Regular bail (Sections 480 and 483 BNSS): before the Magistrate, then the Sessions Court, then the High Court.
• Bail conditions: in April 2026 the Supreme Court clarified that the mandatory conditions in Section 480(3) BNSS do not apply to offences punishable with seven years or less. Onerous conditions should not be imposed routinely in such cases.
• Default bail: if the chargesheet is not filed within 60 days (for offences under ten years), default bail under Section 187(3) BNSS becomes available.
• Restitution: where the victim's money has been traced, frozen or returned, courts often treat this as a strong factor in favour of bail.

What not to do

• Do not withdraw or move funds from a frozen or flagged account.
• Do not discard the SIM or phone, or delete chats.
• Do not ignore a notice from another state's police. Get legal advice and respond through counsel.

If your account has been frozen in a 66D matter, see our page on account unfreezing.

Legal help in Gurugram

Rajat Kadyan and Associates handles cyber crime and bail matters before the District and Sessions Court, Gurugram, and the Punjab & Haryana High Court.

Phone: +91 82954 13475 · Email: contact@rajatkadyan.com

Disclaimer: This article is for general information only and is not legal advice. Every case depends on its own facts.