IPC Section 171D and BNS Section 172: Personation at Elections
Personation at an election includes attempting to vote in another person's name, using a fictitious identity, or seeking to vote again after already voting at the same election. The historical provision was Section 171D of the Indian Penal Code, 1860; the corresponding current provision is Section 172 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What is personation at elections?
Under Section 172 BNS, the offence covers a person who, at an election, applies for a voting paper or votes in the name of another person, whether living or deceased, or in a fictitious name. It also covers someone who has already voted at that election and applies again for a voting paper in their own name. A person who abets, procures or attempts to procure such voting is also covered.
The expression personation refers to falsely presenting oneself as another elector or using a false electoral identity. The provision is directed at protecting the integrity of the voting process, not merely at impersonation of public officials.
Original provision: Section 171D IPC
Section 171D of the Indian Penal Code, 1860 defined personation at elections. Its material rule prohibited applying for a voting paper or voting in the name of another person, a deceased person or a fictitious person; seeking another voting paper after having already voted at the same election; and abetting or procuring such voting.
The original section also expressly excluded voting by a person lawfully authorised to act as a proxy for an elector, insofar as that person voted within the authority granted by law. The corresponding exception remains in Section 172 BNS.
Section 172 BNS: essential elements
- Another person's identity: applying for a voting paper or voting using the name of a living or deceased elector.
- Fictitious identity: seeking to vote in a made-up name.
- Repeat application: having voted once, applying again at the same election for a voting paper in one's own name.
- Participation by others: abetting, procuring or attempting to procure voting by any of these means.
Exception for lawful proxy voting
Section 172 does not criminalise a person who has been legally authorised to vote as a proxy for an elector, to the extent that the person votes as that authorised proxy. The authorisation must comply with the applicable election law; an informal request or permission from another voter is not sufficient.
Punishment under Section 174 BNS
Section 174 BNS provides the penalty for undue influence or personation at an election: imprisonment of either description for a term extending up to one year, or fine, or both. Section 171F IPC was the corresponding historical punishment provision.
| Subject | IPC (historical) | BNS (current) |
|---|---|---|
| Definition of personation at elections | Section 171D | Section 172 |
| Punishment | Section 171F | Section 174 |
| Maximum imprisonment | One year | One year |
| Other punishment | Fine or both | Fine or both |
Illustrative examples
Example 1: A person goes to a polling station and attempts to vote using a neighbour's name. This may constitute election personation.
Example 2: A voter has already cast a vote and applies again for a voting paper in their own name at the same election. The conduct falls within the statutory description.
Example 3: Someone arranges for another individual to vote under a deceased elector's identity. Procuring or abetting the voting may attract the provision.
Example 4: A duly authorised proxy votes in accordance with the governing election law. The statutory exception applies to that lawful proxy vote.
Related election laws
Other electoral offences and procedures may arise under the Representation of the People Act, 1951, including provisions concerning fraudulent voting and election procedures. The applicable offence, forum and procedure depend on the specific facts and the election concerned. Section 169 BNS separately defines the terms candidate and electoral right for Chapter IX.
Frequently asked questions
Is IPC Section 171D still in force?
The IPC was replaced by the BNS with effect from 1 July 2024. IPC Section 171D remains relevant to historical conduct and cases governed by the earlier law, subject to applicable savings and transitional provisions.
Which BNS section replaces IPC Section 171D?
Section 172 BNS is the corresponding provision defining personation at elections.
What is the punishment for election personation?
Section 174 BNS provides imprisonment of either description for up to one year, or a fine, or both.
Can someone legally vote on behalf of another elector?
Only where an applicable law permits proxy voting and the person has been properly authorised. The Section 172 exception does not authorise general voting on another person's behalf.