BNS Section 172 – Personation at elections
IPC Section – 171 D
Personation at Elections
1. What is Personation?
Personation is a form of electoral fraud where a person:
- Votes or attempts to vote by pretending to be someone else (living, deceased, or fictitious).
- Applies for a voting paper under a false identity.
- Votes more than once in the same election.
- Abets, procures, or attempts to procure someone else to commit personation.
2. Key Elements of Personation
a. Specific Acts Constituting Personation
- Voting in Another’s Name:
- Applying for a voting paper and casting a vote in the name of another person (living, dead, or fictitious).
- Voting More Than Once:
- Applying for another voting paper in one’s own name after having already voted in the same election.
- Abetting or Procuring:
- Helping, encouraging, or attempting to convince someone else to commit personation.
b. Exemption for Proxy Voting
- Proxy Voting: When someone is legally authorized to vote on behalf of another voter (e.g., due to illness or absence).
- The proviso clarifies that personation does not apply to those voting as a proxy under legal authorization, provided they vote only on behalf of the authorized person.
3. Purpose of the Law
- To prevent electoral fraud by penalizing fraudulent voting practices.
- To ensure the integrity of the electoral process by safeguarding against identity theft and multiple voting.
Summary of Personation
| Offence | Key Points |
|---|---|
| Personation | Voting or attempting to vote by pretending to be someone else (living, dead, or fictitious). |
| Specific Acts | – Voting in another’s name. |
| – Voting more than once in the same election. | |
| – Abetting or procuring someone else to commit personation. | |
| Exemption | – Proxy voting under legal authorization is not considered personation. |
