Code:
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.
1 [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:
This section prohibits any person from impersonating another individual during an election to cast a vote or to influence the outcome of the election. It criminalizes the act of intentionally assuming the identity of another person to fraudulently participate in the electoral process.
Illustration:
Suppose a person named ‘A’ tries to vote in an election by falsely claiming to be ‘B’. ‘A’ presents a voter ID card with ‘B’s’ name and photograph. In this case, ‘A’ is committing the offense of personation under IPC 171D.
Common Questions and Answers:
Q: What is the punishment for violating IPC this section?
A: The punishment for personation at elections is imprisonment for up to one year, or a fine, or both.
Q: Does this apply only to voting?
A: No, IPC 171D covers any act of personation at elections, including attempting to influence the election by impersonating someone else.
Q: Can a person be charged under this section if they were not aware they were impersonating someone?
A: The law requires intent for the act to be considered an offense. If a person can prove they were not aware of impersonating someone, they may avoid charges.
