Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.
Simplified Explanation
This section outlines the punishment for two specific electoral offenses: undue influence and personation during an election.
Key Provisions
- Punishment for Undue Influence or Personation:
- Anyone who commits the offense of undue influence or personation at an election shall be punished with:
- Imprisonment of either description (i.e., simple or rigorous imprisonment) for a term that may extend to one year.
- A fine.
- Or both imprisonment and fine.
- Anyone who commits the offense of undue influence or personation at an election shall be punished with:
Explanation of Terms
- Undue Influence at Elections:
- Undue influence refers to any form of pressure or coercion used to interfere with a person’s free exercise of their electoral rights (e.g., forcing someone to vote for a particular candidate or threatening harm if they do not vote in a certain way).
- This includes acts like threats, intimidation, or inducing a voter to believe that their actions would lead to divine displeasure or spiritual consequences, as specified in Section 171 of the Nyaya Sanhita.
- Personation at Elections:
- Personation involves one person voting in place of another, whether by using their name, a fictitious name, or by voting multiple times under different identities. This is a fraudulent attempt to alter the outcome of an election by casting votes in an unauthorized manner.
- This can also include the act of applying for a voting paper in someone else’s name or voting more than once.
Purpose and Rationale
- Protect Electoral Integrity:
- This section aims to ensure the integrity of the electoral process by punishing those who engage in activities that manipulate or undermine the free will of voters or the legitimacy of the voting process, such as through undue influence or personation.
- Deterrence Against Electoral Fraud:
- The penalty of imprisonment and fine seeks to act as a deterrent to those who may try to coerce or impersonate voters. It also establishes accountability for those who attempt to subvert the democratic process through fraudulent means.
- Ensuring Fair Elections:
- This provision emphasizes the need for free and fair elections. By criminalizing both undue influence and personation, it seeks to uphold the principle that each voter’s choice should be made independently, without interference or fraud.
Examples
- Undue Influence:
- A candidate threatens voters with economic or social retaliation if they do not vote for them. This constitutes undue influence and would be punishable under this section.
- A candidate or supporter tells a voter that they will face spiritual punishment if they vote for someone else, thus attempting to coerce their vote.
- Personation:
- A person votes at an election in the name of someone who is deceased or in the name of someone who is unable to vote.
- A person votes multiple times by using different identities, either fictitious or actual, to cast extra votes in favor of a candidate.
Punishment for Offenders
- Imprisonment: A person found guilty of either undue influence or personation can be sentenced to imprisonment for up to one year. This term can be either simple or rigorous, depending on the severity of the offense and discretion of the court.
- Fine: In addition to or in lieu of imprisonment, the person can be fined. The amount of the fine is determined by the court based on the specifics of the case.
- Both: The court can impose both imprisonment and fine depending on the circumstances of the case, including the seriousness of the offense and the impact on the electoral process.
Conclusion
Section 174 of the Bharatiya Nyaya Sanhita 2023 addresses two important offenses in the context of elections: undue influence and personation. The section aims to maintain the integrity of the electoral system by punishing those who manipulate or fraudulently interfere with the voting process. The punishment includes imprisonment for up to one year, along with a fine or both, depending on the specifics of the offense. The law ensures that voters can exercise their electoral rights freely and without coercion or fraud, thus upholding the democratic process.
