Introduction of Section BNS 172
Free and fair elections form the cornerstone of democracy. To safeguard the electoral process, Section 172 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminalizes personation at elections. This means applying for or casting a vote in the name of another person — whether living, deceased, or fictitious — or voting more than once in the same election. It replaces IPC Section 171D and ensures that elections remain transparent, fair, and free from manipulation.
The Bharatiya Nyaya Sanhita (BNS) Section 172 replaces the old Indian Penal Code (IPC) Section 171-D.
What is BNS Section 172 ?
BNS Section 172 is a law that makes it a crime to stop or interfere with a public servant while they are doing their official work. This could be anyone working for the government, like police officers or government inspectors. The law says that if someone intentionally tries to prevent these workers from doing their job, they can be punished.
Section 172 BNS personation
Whoever at an election applies for a voting paper in the name of any other person, whether living, dead or fictitious, or who having already voted once at such election applies again at the same election for a voting paper in his own name, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Explanation of Section 172
BNS Section 172 criminalizes personation at elections, ensuring that every citizen votes only once and in their own identity. It punishes anyone who fraudulently applies for or casts a vote in another’s name or attempts to vote more than once.
- Personation Defined → Applying for or casting a vote in another’s name (living, dead, or fictitious).
- Covers Multiple Voting → Prevents a person from casting more than one vote in the same election.
- Attempts are Covered → Even trying to obtain a voting paper under a false name is an offence.
- Punishment → Imprisonment up to 1 year, or fine, or both.
- Electoral Integrity → Ensures that elections remain free from manipulation or fraud.
Offence Classification under BNS Section 172
- Cognizable → Cognizable (police may arrest without a warrant).
- Bailable? → Non-bailable (bail not easily granted).
- Compoundable? → Non-compoundable (cannot be settled privately).
- Trial Court → Triable by a Magistrate of the First Class.
Key Elements of Section 172
- Impersonation = Crime → Using another’s name (living, deceased, or fictitious) to vote.
- One Person, One Vote → Prevents repeat or double voting.
- Covers Attempts Too → Even applying for a paper under a false name is punishable.
- No Consent Defence → Even if the real person permits, it is still illegal.
- Fraud Prevention → Stops manipulation of election outcomes.
- Punishment → Jail up to 1 year or fine or both.
- Cognizable → Police can act quickly.
- Non-bailable → Seriousness prevents easy release.
- Non-compoundable → Cannot be compromised outside court.
- Judicial Oversight → Magistrate ensures fair trial.
Examples of BNS Section 172
Example 1 – Voting in a Dead Person’s Name:
Ravi applies for a voting paper using the name of his deceased uncle and casts a vote. This is personation under Section 172 and is punishable with imprisonment or fine.
Example 2 – Attempting to Vote Twice:
Anita votes once in her own name, then tries to apply again using her maiden name. Even if she is caught before casting the second vote, she has committed attempted personation, punishable under Section 172.
Why Section 172 is Important
- Protects Democracy → Stops fraud and multiple voting.
- Ensures Fair Elections → Each voter has one genuine vote.
- Prevents Electoral Manipulation → Blocks fake identities and dead voter fraud.
- Updates IPC 171D → Modern wording with same substance.
- Deterrent Effect → Strong punishment discourages electoral cheating.
Section 172 BNS Overview
BNS Section 172 is a law that makes it a crime to stop or interfere with a public servant while they are doing their official work. This could be anyone working for the government, like police officers or government inspectors. The law says that if someone intentionally tries to prevent these workers from doing their job, they can be punished.
BNS Section 172: 10 Key Points
- What Section 172 Covers
Section 172 of the Bharatiya Nyaya Sanhita (BNS) talks about situations where someone stops or interferes with a public servant while they are doing their official job. It’s designed to protect public officials from unnecessary obstruction while they perform their duties. - Intentional Obstruction
The section specifically deals with cases where the obstruction is done intentionally. This means the person knew they were stopping a public servant from working and still chose to do it. - Public Servants Included
Public servants under this law could be police officers, government officials, or any worker of the state who is performing a legal duty. Section 172 ensures they can carry out their work without interference. - Type of Actions Punished
This section focuses on actions that deliberately delay, stop, or disrupt a public servant’s work. For example, blocking a police officer from making an arrest or preventing a government official from inspecting a building would fall under this. - Punishment – Imprisonment
If someone is found guilty under Section 172, they can face imprisonment for up to two years. The exact time would depend on the seriousness of the offense and the circumstances. - Punishment – Fine
In addition to or instead of imprisonment, the guilty person may also be asked to pay a fine. The amount of the fine depends on the severity of the obstruction. - Non-Cognizable Offense
Section 172 is classified as a non-cognizable offense, which means that the police cannot arrest the person without a warrant. They would need permission from the court to take action. - Bailable Offense
Offenses under this section are bailable, meaning the accused person can apply for bail and be released from custody until the trial. - Triable by Magistrate
Any case under Section 172 will be tried by a Magistrate, who is a judicial officer. Typically, the case is handled by a Magistrate of the first class. - Ensures Public Services Are Not Disrupted
The overall purpose of Section 172 is to ensure that public servants can carry out their legal duties without unnecessary interference, helping maintain order and governance.
Examples of Section 172
- Example 1: Stopping a Firefighter
Imagine a fire breaks out in a building, and a group of people tries to block the entrance, stopping firefighters from entering because they don’t want the property damaged. In this case, those people could be charged under Section 172 because they intentionally stopped a public servant (the firefighter) from performing a lawful duty. - Example 2: Obstructing a Health Inspector
A health inspector comes to a restaurant to check for cleanliness and food safety. The restaurant owner tries to stop the inspector from entering the kitchen by locking the door and refusing to cooperate. This act could be seen as an intentional obstruction under Section 172, leading to possible punishment for the restaurant owner.
BNS 172 Punishment
Imprisonment: A term that may extend up to two years.
Fine: The offender may also face a fine, either in addition to or instead of imprisonment.
BNS 172 bailable or not ?
Section 172 is a bailable offense.
Comparison Table – BNS Section 172 vs IPC Section 171D
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 172 | Addresses personation at elections—voting or attempting to vote in another’s name or voting more than once in the same election. | Imprisonment up to 1 year, or fine, or both. | Non-bailable | Cognizable | Magistrate of the First Class |
| IPC Section 171D (Old) | Earlier law defining personation at elections; punished any person applying for or casting a vote in another’s name or voting twice. | Same — imprisonment up to 1 year, or fine, or both. | Non-bailable | Cognizable | Magistrate of the First Class |
BNS Section 172 FAQs
What does Section 172 deal with?
What is the punishment for violating Section 172?
The punishment can be up to two years of imprisonment, a fine, or both.
Is Section 172 a bailable offense?
Yes, it is a bailable offense.
BNS 172 it a cognizable offense?
No, it is a non-cognizable offense.
Conclusion
BNS Section 172 ensures that personation at elections is strictly punishable, whether by voting in another’s name, voting multiple times, or even attempting to do so. By retaining the essence of IPC Section 171D but simplifying the language, it strengthens the fairness of elections in India. This section plays a key role in ensuring that every vote is genuine and that the democratic process remains free from fraud.
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Finished with BNS 172 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 173 : Punishment for bribery.
- https://marriagesolution.in/bns_section/bns-173/
- BNS 174 :Punishment for undue influence or personation at an election.
- https://marriagesolution.in/bns_section/bns-174/
- BNS 175 : False statement in connection with an election.
- https://marriagesolution.in/bns_section/bns-175/
- BNS 176 : Illegal payments in connection with an election.
- https://marriagesolution.in/bns_section/bns-176/
- BNS 177 : Failure to keep election accounts.
- https://marriagesolution.in/bns_section/bns-177/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list