Code : Section 172 BNS
Whoever at an election applies for a voting paper on votes in the name of any
other person, whether living or dead, or in a fictitious name, or who having voted once at
such election applies at the same election for a voting paper in his own name, and whoever
abets, procures or attempts to procure the voting by any person in any such way, commits
the offence of personation at an election:
Provided that nothing in this section shall apply to a person who has been authorised
to vote as proxy for an elector under any law for the time being in force in so far as he votes
as a proxy for such elector.
Explanation of Section 172 BNS – Personation at Elections
Section 172 of the Bharatiya Nyaya Sanhita, 2023, defines and criminalizes the offence of Personation at Elections. This provision is essential to ensure free, fair, and transparent electoral processes in India.
Under this Section:
- A person is guilty if they apply for or cast a vote in the name of another person (whether living, deceased, or fictitious).
- Voting more than once in the same election is also punishable.
- Abetting, procuring, or attempting to procure voting in such fraudulent manner is equally punishable.
⚠️ However, the Section clearly exempts cases of valid proxy voting under applicable law.
Illustration of Section 172 BNS
Example 1
Ravi applies for a voting paper in the name of his deceased uncle and casts a vote. This is a clear case of personation under Section 172 BNS.
Example 2
Meena, after casting her vote once, again applies for another voting paper in her own name in the same election. She can be prosecuted for personation.
Example 3
Sohan persuades another person to vote using a fake name. Sohan will be liable under Section 172 BNS for abetment.
Example 4
Rajesh is duly authorised to vote as a proxy for his ailing mother under election law. His act of proxy voting will not attract punishment under this section.
Common Questions & Answers on Section 172 BNS
What is Personation at Elections under BNS?
Personation at Elections refers to fraudulent voting practices where a person impersonates another voter, votes multiple times, or uses fictitious identities.
Does this Section cover attempted personation?
Yes. Section 172 BNS covers not only actual personation but also attempts, abetment, or procurement of such acts.
Is proxy voting considered personation?
No. Proxy voting by a person legally authorised under election law is specifically excluded from the purview of this section.
What is the objective of Section 172 BNS?
The primary objective is to prevent electoral fraud and safeguard the integrity of elections by criminalizing impersonation and double voting.
Can a person be punished for personation even if no vote is cast?
Yes. Applying for a voting paper in the name of another person itself is an offence under this section, even if the vote is not actually cast.
Conclusion
The offence of personation at elections, as defined under Section 172 BNS, is a serious electoral malpractice that threatens the foundation of a democratic system. By criminalizing such conduct, the Bharatiya Nyaya Sanhita ensures that elections remain free, fair, and transparent. Citizens and voters must be aware of this provision to protect the integrity of the electoral process and discourage any attempts of impersonation or fraudulent voting.
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