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:.
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.
Simplified Explanation
This section defines the offense of personation during elections, which involves fraudulent voting under someone else’s name or identity, and prescribes penalties for such acts.
Key Provisions
- Personation at Elections:
- The section criminalizes the act of personation, which occurs when someone applies for a voting paper or casts a vote in the name of another person, whether that person is alive or dead, or under a fictitious name. This also includes the act of voting multiple times at the same election by applying for a voting paper in one’s own name after already casting a vote.
- Abetment of Personation:
- The section also criminalizes abetment of such actions, meaning anyone who assists, procures, or attempts to procure personation in an election is also guilty of the offense.
- Exception for Proxy Voting:
- There is an exception provided in the section. It specifies that the provision does not apply to a person who is authorized to vote as a proxy for another elector, in accordance with the laws governing proxy voting. This means a legitimate proxy vote is not considered personation.
Explanation of Key Terms
- Personation:
- Personation refers to fraudulently impersonating someone else to cast a vote in their name. It could involve voting as:
- A deceased person: Voting using the name of someone who is already dead.
- A fictitious person: Creating and using an imaginary name to vote.
- A person who has already voted: A person voting again under their own name after already casting a vote, violating the principle of one person, one vote.
- Personation refers to fraudulently impersonating someone else to cast a vote in their name. It could involve voting as:
- Abetment:
- Abetment in this section includes actions where a person assists in or encourages another to engage in personation, or who otherwise facilitates such fraudulent voting.
- Proxy Voting:
- Proxy voting is when a person is authorized to vote on behalf of another person. This is a legally accepted process where someone votes as a representative of an elector who cannot attend the election personally. The law for proxy voting governs this process, and as long as the voting is done in line with the law, it is not considered personation.
Examples of Personation at Elections
- Voting in the Name of a Deceased Person:
- A person goes to the polling booth and votes using the name of someone who has died. This is a clear case of personation because the individual is casting a vote in the name of someone who cannot possibly be there.
- Fictitious Name:
- A person uses a completely fake identity, such as a made-up name, to obtain a voting paper and cast a vote. This is also considered personation because it involves voting in a name that does not exist.
- Double Voting:
- A person who has already voted in an election returns to the booth and attempts to vote again, using their own name for a second voting paper. This is also considered personation, as the individual is attempting to cast multiple votes under their own identity.
- Abetment of Personation:
- If someone provides false identification or persuades others to use fraudulent methods to vote, such as submitting fake documents or manipulating the voting process, they are abetting personation.
Exemption: Proxy Voting
- The exception in this section highlights that legitimate proxy voting is not a form of personation. Under certain legal frameworks, an individual may be permitted to vote on behalf of another person who is unable to attend the election. In such cases, the person voting as a proxy must follow the requirements and procedures set by the law, and their vote is not counted as personation. Proxy voting is typically used for people who are physically unable to vote, such as due to illness, travel, or other valid reasons.
Purpose and Rationale
- Ensure Fairness:
- The primary objective of Section 172 is to preserve the integrity of the election process by ensuring that only eligible voters participate in the election and that no one votes multiple times or fraudulently uses another person’s identity.
- Prevent Electoral Fraud:
- Personation undermines the democratic principle of one person, one vote and can significantly alter the outcome of elections. This section acts as a deterrent to such fraud by prescribing penalties for those who attempt or engage in personation.
- Protecting the Right to Vote:
- This section protects genuine voters from being deprived of their voting rights through fraudulent actions like personation. It ensures that the true will of the electorate is reflected in the results.
Penalties for Personation
While the specific penalties for the offense of personation under Section 172 are not outlined in the section itself, the offense is considered serious because it directly undermines the electoral process. Typically, such offenses would carry penalties, including:
- Imprisonment for a term determined by the court, which may vary depending on the nature and severity of the offense.
- Fines for those found guilty of personation.
- Disqualification from future elections or public office for individuals involved in such activities.
Conclusion
Section 172 of the Bharatiya Nyaya Sanhita 2023 is aimed at preventing the offense of personation during elections. The section criminalizes actions such as voting in someone else’s name (living or dead), voting multiple times, and assisting or encouraging such fraudulent practices. However, it provides an exception for proxy voting as long as it is in line with the legal framework. The law ensures the integrity of the electoral process by safeguarding against electoral fraud and guaranteeing that the true will of the voters is reflected in the outcome of elections.
