The use of a false identity is considered a serious offence.
From a legal perspective, it falls under the category of impersonation, which is classified as a form of fraud.
➡️ Impersonation = pretending to be another individual with the intent to deceive a specific party.
➡️ If such an act is committed to mislead the Plaintiff or obstruct the service of legal documents, it may attract serious legal consequences.
DELIBERATELY AVOIDING SERVICE OF SUMMONS: HOW CAN THE COURT PROCEED WITH THE CASE?
If an individual intentionally avoids receiving a summons, the Court has the authority to order substituted service—for example, by affixing a notice at the premises, publishing in a newspaper, or delivering it to the last known address.
⚖️ The case may still proceed even without the Defendant’s presence.
📌 This may lead to a Judgment in Default, issued in the absence of the Defendant or any defence.
USING A FALSE NAME IN COURT DOCUMENTS – CAN YOU BE CHARGED WITH A CRIME?
The act of using a false identity or another person’s name to deceive the court process may be prosecuted under Section 416 of the Penal Code, which refers to cheating by personation.📌 Penalty: Imprisonment of up to 7 years and/or a fine.
➡️ It remains an offence even if no financial loss occurs, as long as there is intent to deceive or obstruct the course of justice.
SUED UNDER YOUR NAME, BUT THE OFFENCE WAS COMMITTED BY SOMEONE ELSE?
“My name is on the summons, but I didn’t do anything!”
The issue of identity misuse is becoming increasingly common, especially in digital transactions. If a person is sued under their own name but has no direct involvement in the alleged wrongdoing, the Court will assess the burden of proof fairly and objectively.
IMPERSONATION ON DIGITAL PLATFORMS – YOU CAN STILL FACE LEGAL ACTION
Using a false identity on online platforms such as Grab, Shopee, Airbnb, or e-Wallet applications does not make you immune from the law.
📌 Every digital transaction stores traceable data such as IP addresses, locations, phone numbers, and payment logs.
➡️ Such offences may be prosecuted under:-
• Computer Crimes Act 1997
• Communications and Multimedia Act 1998
PUBLIC PROSECUTOR v ANUAR BIN ZAKARIA [2024] 3 MLJ 445 (NOT ACTUAL NAME)
In this case, the accused (OKT) was instructed to impersonate someone else during a criminal trial, with the intention of deceiving the judge into believing that the accused was the actual person charged in the case.
This act led to a conviction for the offence of cheating by personation, which is punishable under Section 419 of the Penal Code, carrying a sentence of up to 7 years imprisonment and/or a fine. The accused was sentenced to 6 months imprisonment.
GET LEGAL ADVICE REGARDING IMPERSONATION!
Come and get legal services from our professional lawyers who have 12 years of experience! Call us now!
Contact us to set up an appointment:
