Law4u - Made in India

What Is BNS Section 172?

Answer By law4u team

Bharatiya Nyaya Sanhita, 2023 - Section 172: Personation at Elections

Whoever at an election applies for a voting paper or 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.

Brief Detail

BNS Section 172 addresses the offence of personation at elections, which includes applying for a voting paper or voting under a false identity or in a fictitious name. It also covers situations where a person votes more than once or assists others in committing these acts. However, it excludes instances where a person votes as a proxy for an elector as authorized by law.

Question & Answers

Q1: What actions are considered personation at an election under BNS Section 172?

A1: Personation at an election involves applying for a voting paper or voting in the name of someone else, including a fictitious name, or voting more than once. It also includes aiding or attempting to procure such actions.

Q2: Does BNS Section 172 apply to proxy voting?

A2: No, BNS Section 172 does not apply to proxy voting, provided the person voting is authorized to act as a proxy under the relevant law.

Example

Example Scenario:

If an individual votes at an election using a fictitious name or votes multiple times under different names, they are committing personation under BNS Section 172. However, if someone is legally authorized to vote as a proxy for another elector, this action is not considered personation.

Summary

BNS Section 172 criminalizes personation at elections, which includes voting under false or fictitious identities or voting multiple times. The section does not apply to legal proxy voting as authorized by law.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Mahesh Sharma

Advocate Mahesh Sharma

Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Property, R.T.I, Revenue

Get Advice
Advocate Namrata J Pujari

Advocate Namrata J Pujari

Civil, Court Marriage, Divorce, Documentation, Family

Get Advice
Advocate Niraj Kumar Jha

Advocate Niraj Kumar Jha

Civil, Divorce, Family, Corporate, Labour & Service

Get Advice
Advocate Yandamuri Uma Mahesh

Advocate Yandamuri Uma Mahesh

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, RERA, Succession Certificate, Bankruptcy & Insolvency, Child Custody, Court Marriage, High Court, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Shoyab Khan

Advocate Shoyab Khan

Anticipatory Bail,Cheque Bounce,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Motor Accident,Muslim Law,Property,Wills Trusts,

Get Advice
Advocate Numair Aidroos

Advocate Numair Aidroos

Arbitration, Breach of Contract, NCLT, High Court, Tax

Get Advice
Advocate Syed Ameer

Advocate Syed Ameer

Documentation, Domestic Violence, Family, Criminal, Civil, Consumer Court, Corporate, Cheque Bounce, RERA, Muslim Law, Divorce, High Court, Labour & Service, Motor Accident, Trademark & Copyright, Revenue, Wills Trusts, Child Custody, Court Marriage, Customs & Central Excise, Anticipatory Bail

Get Advice
Advocate Rathin Doshi

Advocate Rathin Doshi

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Documentation, Family, High Court, Labour & Service, Landlord & Tenant, NCLT, Property, R.T.I, Recovery, RERA, Succession Certificate, Trademark & Copyright, Revenue

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.