BNS Section 172: Personation at Elections

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.

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