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.
Simplified Explanation
Section 171D of the Indian Penal Code (IPC) defines the term “electoral right” as part of the legal framework that addresses election-related offences. This section primarily concerns clarifying the scope and nature of electoral rights to ensure clarity in applying elections-related laws. Here are the critical points of this section:
- Electoral Right: Under IPC Section 171D, “electoral right” refers to a person’s right to vote or refrain from voting at an election or to support or oppose a particular candidate. The definition is designed to encompass all aspects of participation in the electoral process.
Since Section 171D is a definitional section and does not prescribe a specific offence or sanction, the standard questions about bailability and punishment don’t apply as they would to sections that outline particular offences.
Is IPC Section 171D Bailable?
IPC Section 171D does not describe an offence or provide for any punishment. It is a definitional section that only explains the meaning of “electoral right.” Therefore, questions about bailability do not apply to this section.
IPC Section 171D Punishment
Since Section 171D does not specify any offence or associated penalties, there are no punishments under this section. It is a foundation for understanding and applying other sections related to election offences.
Example of IPC Section 171D
Since IPC Section 171D is definitional and does not outline an offence, there are no direct real-life examples of prosecutions under this section. However, the definition provided in Section 171D is crucial in cases involving election-related offences, as it helps determine the applicability of other sections that penalize specific behaviours affecting electoral rights. For instance, understanding “electoral right” is critical when assessing whether actions like bribery or undue influence have interfered with someone’s right to vote or support a candidate, as outlined in other sections like 171B or 171C.
