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.
