Section 172 BNS: Personation at Elections
Section 172 of the Bharatiya Nyaya Sanhita, 2023 deals with personation at elections. It prohibits voting, or applying for a voting paper, in another person's name or a fictitious name, repeat voting applications at the same election, and helping another person vote in such a manner.
Text of Section 172 BNS
172. Personation at elections. 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.
For the official statutory text, see the Bharatiya Nyaya Sanhita, 2023 on India Code.
Meaning of Personation at an Election
In practical terms, Section 172 targets false identity or duplicate-voting conduct connected with an election. The offence may arise where a person:
- applies for a voting paper or votes in the name of another person;
- uses the identity of a person who is living or dead;
- uses a fictitious name;
- after already voting at the election, again applies at the same election for a voting paper in his or her own name; or
- abets, procures or attempts to procure another person's voting in any of these prohibited ways.
Lawful Proxy Voting Is Excluded
The proviso to Section 172 creates an express exception for a person who is legally authorised to vote as proxy for an elector. Such a person does not commit personation merely by casting the proxy vote, provided the vote is cast within the authority conferred by the applicable law.
Relevant Definitions Under Section 169 BNS
Section 169 supplies definitions for Chapter IX of the BNS:
- Candidate: a person who has been nominated as a candidate at any election.
- Electoral right: the right of a person to stand, or not to stand, as a candidate; to withdraw from being a candidate; or to vote or refrain from voting at an election.
Punishment Under Section 174 BNS
Section 172 defines the offence. The punishment is prescribed separately by Section 174 BNS. A person who commits personation at an election may be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
| Provision | Section 172 BNS read with Section 174 BNS |
|---|---|
| Offence | Personation at an election |
| Maximum imprisonment | Up to one year |
| Fine | Fine may be imposed |
| Cognizability | Non-cognizable |
| Bail | Bailable |
| Trial court | Magistrate of the first class |
The procedural classification above is taken from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, against Section 174 BNS.
Corresponding Provision Under the Indian Penal Code
The corresponding offence under the former Indian Penal Code, 1860 was Section 171D IPC, titled "Personation at elections." The BNS places the offence at Section 172, while its punishment appears in Section 174. The applicable law in a particular matter may depend on when the alleged conduct occurred and the relevant saving and transitional provisions.
Related Election Offences Under the BNS
Section 172 forms part of the BNS chapter on election offences. Related provisions include Section 171 - Undue influence at elections, Section 173 - Punishment for bribery, Section 174 - Punishment for undue influence or personation at an election, Section 175 - False statement in connection with an election, Section 176 - Illegal payments in connection with an election and Section 177 - Failure to keep election accounts.
Official Legal Resources
Readers may verify the legislation through the official BNS text on India Code, the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, and the Ministry of Home Affairs new criminal laws page.