BNS Section 172: Personation at Elections
Section 172 of BNS is part of Chapter 9 - offences relating to elections in Bharatiya Nyaya Sanhita 2023 Act. addresses the offense of personation at elections. This section defines personation as the act of voting or attempting to vote under a false identity or pretending to be someone else during the electoral process
Definition of BNS Section 172
Section 172 of the BNS 2023 States:
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 and Illustration of BNS Section 172
Section 172 is thus aimed at prohibiting fraudulent voting practices that could vitiate the will of the majority and compromise the principle of free and fair elections. It includes several forms of voting fraud, ranging from the use of the name of a dead person to the illegal casting of more than one vote in the same election.
Explanation:
Sub-section (1) makes it an offense for someone to apply for a voting paper (ballot) in the name of another person, whether the person is living, deceased, or fictitious, or to vote multiple times in an election, either in their name or by impersonating another individual.
Sub-section 2 extends the scope of the offense to include abetment, procurement, or attempt to procure voting fraud and holds liable anybody who helps in carrying out or supports such illegal acts.
Proxy Voting Exemption: This section provides a defense to anyone who votes in the name of another person provided that such vote is cast by valid proxy voting arrangement(s) made under the law(s) applicable in the matter. Proxy voting enables a person to vote on behalf of another who cannot vote personally.
Illustrations:
Voting in the Name of Another Person:
A person not qualified to vote in a specific constituency applies for a voting paper, stating that he is a dead person who had once resided in the area. The fraudulent person votes in the name of the dead person with the intent of influencing the outcome of the election. This act of impersonation is a contravention of Section 172.
Multiple Voting:
A voter goes to a polling station, votes under his real name, and then proceeds to another station, claiming to be someone else by using a false identity to vote again. This person commits personation by voting more than once, which is prohibited under this section.
Abetting Personation:
A political party worker convinces a group of individuals to vote multiple times using fake identities in order to sway the outcome of the election. This worker not only commits the offense of personation themselves but is also guilty of abetting the crime, as they helped others commit the offense.
Proxy Voting (Exemption):
A sick citizen could not vote in person and was granted a proxy that allowed a member of the family to vote for them under an otherwise lawful arrangement. The vote cast by the proxy is that of the elector, who is completely valid and cannot be prosecuted under Section 172 because such voting is recognised as a proper exercise of proxy.
Key points in Section 172
Section 172 aims to protect the integrity and authenticity of elections. It ensures that only eligible voters exercise their electoral rights, thereby maintaining fairness and preventing manipulation or deceit in the voting process. Upholding these provisions is vital for reinforcing public trust in democratic procedures and safeguarding the legitimacy of election outcomes.
- Voting in Someone Else's Name: This refers to making an application for a voting paper in the name of another living person, or dead person, or even a fictitious person. It simply shows that someone is voting fraudulently as though he were the other person.
- Multiple Voting: It is personification if a person votes more than once at the same election, whether by voting in his name after having already voted once or by personating someone else to vote again.
- Abetment of Personation: The section also criminalises abetting, procuring, or attempting to procure someone to vote in a fraudulent manner, thus holding accountable anyone who facilitates or encourages such illegal activity.
- Exemption for Proxy Voting: This section clearly states that proxy voting, wherein one person votes on behalf of another, by the law, does not constitute personation. This would prevent the law from punishing something it does not want to punish-lawful proxy voting.
Differences Between Section 172 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 172 of BNS and its equivalent IPC section 171D focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 172 | Personation at elections. | 171D. | No change |
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FAQs about Section 172 of the Bharatiya Nyaya Sanhita (BNS)
What is the role of proxy voting in relation to personation?
Proxy voting is exempt from the personation rules as long as the proxy votes legally on behalf of an elector, under proper authorisation
What if someone votes in the name of a deceased person?
Voting in the name of a deceased person constitutes personation, and such an act is punishable under Section 172
Does personation apply to fictitious identities?
Yes, personation applies to voting under fictitious names as well, and this is considered a criminal offense
Is there a legal defense against charges of personation?
The only legal defense against personation is if the accused was voting as a proxy under legal authorisation
What kind of punishment can someone face for committing personation?
Section 172 does not specify the punishment directly but makes personation a criminal offense subject to penalties under the law.
What does 'abetting personation' mean?
Abetting personation means assisting, encouraging, or procuring another person to commit electoral fraud by impersonating someone else or voting illegally.
Does personation apply only to the person casting the fraudulent vote?
No, personation also covers anyone who attempts to procure or aids someone in committing the fraudulent act, including those who might act as accomplice.
