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Introduction of BNS 171

BNS 177 addresses the offense of “personation” during elections. Personation refers to the act of fraudulently voting in someone else’s name, whether that person is alive, dead, or fictitious. This law is meant to prevent fraudulent voting practices and to ensure the integrity of the electoral process.


The Bharatiya Nyaya Sanhita (BNS) Section 170 replaces the old Indian Penal Code (IPC) Section 171-C.



What is BNS Section 171 ?

BNS Section 171 makes it a crime to vote in the name of another person, whether that person is real, deceased, or fictitious. It also punishes those who vote more than once in an election or help others commit this kind of fraud. The section aims to stop impersonation in voting, protecting fair elections.


Voting fraud under BNS Section 171 - impersonation crime
BNS Section 171: Punishment for voting in someone else’s name

BNS 171 in Simple Points

  1. Personation in Elections is Illegal
    Under BNS Section 171, it is illegal to vote in the name of another person, whether that person is alive, dead, or fictitious. This rule ensures that only genuine voters participate in elections, maintaining fairness in the democratic process.
  2. One Person, One Vote
    This section prevents anyone from voting more than once in the same election. If someone applies for a voting paper after already voting, either in their own name or someone else’s, they commit an offense. This is crucial to prevent repeat voting and electoral manipulation.
  3. Aiding or Encouraging Personation is a Crime
    BNS Section 171 not only punishes the person who commits personation but also those who assist or encourage it. This includes helping someone to fraudulently vote or trying to convince others to commit personation. The law treats both the direct offenders and their accomplices equally.
  4. Attempting Personation is Also Punishable
    Even if a person tries but fails to cast a fraudulent vote, they can still be charged under BNS Section 171. For example, applying for a voting paper under a false name, even if caught before voting, is considered a crime. This is meant to deter people from attempting any form of electoral fraud.
  5. Serious Punishments for Personation
    Personation is considered a serious offense under this section, with strict penalties, including imprisonment and fines. The severity of the punishment depends on the extent of the fraud, but it underscores the importance of protecting the fairness of elections.

Section 171 BNS Overview

BNS Section 171 deals with preventing election fraud, specifically personation. It makes it illegal to impersonate someone else for the purpose of voting, whether the impersonation is done using a real person’s identity, a dead person’s name, or a fictitious identity. This section also prohibits voting more than once in the same election and punishes those who assist or encourage such actions. The section plays a vital role in maintaining the integrity of the electoral process.

BNS Section 171: Detailed Explanation with 10 Key Points

1. Definition of Personation

BNS Section 171 defines personation as the act of voting in the name of another person. This other person could be alive, deceased, or even a fictitious character. The goal is to prevent fraudulent voting practices, ensuring that elections are fair and transparent. Personation is considered a serious crime as it undermines the credibility of the voting process.

2. Voting in Another’s Name is Illegal

Under this section, voting in another person’s name, even with their permission, is illegal. Whether the person is alive or dead, using their identity to vote is strictly prohibited. This ensures that each individual is allowed to vote only once under their own identity.

3. Fictitious Identity Voting

The section also makes it clear that using a fictitious name to vote is a crime. A fictitious name refers to any made-up identity that does not correspond to a real person. This is to prevent people from inventing fake voters to manipulate election results.

4. Voting Multiple Times

A key aspect of BNS Section 171 is preventing an individual from voting multiple times in the same election. For instance, if a person votes once and then applies to vote again under their own or someone else’s name, they are committing the offense of personation. This provision is critical in preventing “double voting” or “repeat voting,” a common method of election fraud.

5. Punishment for Both Giver and Receiver

Not only the person committing personation but also anyone who abets, procures, or attempts to assist others in personation is guilty of an offense under BNS Section 171. This means if someone helps another person commit personation or encourages them to do so, they can be charged and punished just like the person committing the crime.

6. Attempted Personation is Punishable

Even if the act of personation is not successful, the mere attempt to commit it is considered a crime. If a person applies for a voting paper under a false name but does not actually vote, they can still be prosecuted under this section. This clause is essential in discouraging any attempts to cheat the electoral process.

7. Prevention of Election Fraud

The main aim of this section is to prevent election fraud. Personation is a way of manipulating votes and altering election outcomes unfairly. By criminalizing such practices, the law ensures that elections remain free, fair, and accurate, with every vote being genuine and cast by a legitimate voter.

8. Ensuring Integrity of Elections

BNS Section 171 is designed to maintain the integrity of elections. Elections are the foundation of a democracy, and any act that compromises their fairness can have serious consequences for the democratic process. This section safeguards the electoral process by making it illegal for anyone to tamper with the voting system through personation.

9. Non-Bailable Offense

Personation under BNS Section 171 is a non-bailable offense, which means that those arrested for it may not be released on bail easily. The seriousness of the offense is such that the court must carefully consider whether to grant bail, taking into account the potential impact on the fairness of the election.

10. Severe Penalties

The penalties for personation can include imprisonment, a fine, or both, depending on the severity of the offense. The law treats personation as a significant violation of the electoral process, and the punishment is designed to deter individuals from attempting such fraud. Imprisonment terms can vary based on the specific circumstances, but the punishment is meant to reflect the seriousness of the crime.

Examples of BNS Section 171

Example 1: Voting in a Dead Person’s Name

In a local election, Ravi, a voter, decides to cast a vote in the name of his deceased uncle to increase the chances of his favored candidate winning. He goes to the polling station, applies for the voting paper using his uncle’s name, and casts a vote. This act constitutes personation under BNS Section 171, as Ravi has voted under the name of a deceased person. He can be prosecuted and punished for this crime with both imprisonment and a fine.

Example 2: Attempting to Vote Twice

Anita votes in her own name during a state election. Later in the day, she tries to apply for a second voting paper using her maiden name to vote again. Although she is caught before she can cast the second vote, Anita has still committed the offense of personation by attempting to vote twice. Under BNS Section 171, she can be charged for attempting to commit the crime, even though she did not successfully vote a second time.


Bharatiya Nyaya Sanhita Section 171

SectionDetails
BNS Section Number171
OffensePersonation at an election
DefinitionVoting in the name of another person (living, dead, or fictitious)
PunishmentImprisonment and/or fine
Bailable/Non-BailableNon-bailable
Who Can Be PunishedBoth the person who commits personation and those who assist
Voting Fraud FocusEnsures that every vote is genuine, preventing multiple votes by the same person
Multiple OffensesVoting multiple times can result in separate charges for each offense
Bharatiya Nyaya Sanhita Section 171

BNS Section 171 FAQs

What is personation under BNS Section 171?

Is voting more than once in an election considered a crime?

Yes, voting multiple times using different identities is illegal under this section.

Can someone be punished for helping another person commit personation?

What is the purpose of BNS Section 171?


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