Section 171D IPC: Personation at Elections

Section 171D of the Indian Penal Code, 1860 defined personation at an election. It covered applying for a voting paper or voting in another person's name, whether that person was living or dead, using a fictitious name, seeking another voting paper in one's own name after already voting, and specified participation in procuring such voting.

Pre-BNS legal position: This article explains Section 171D IPC as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The statutory proviso protecting duly authorized proxy voting is also retained.

Text of Section 171D IPC

171D. Personation at elections. - Whoever at an election applies for a voting paper or 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.

Meaning of Personation at an Election

Section 171D targeted specified forms of false or multiple electoral identity in voting. The offence was not confined to a person actually casting a vote in another person's identity. The statutory language also covered applying for a voting paper in the prohibited circumstances and participation through abetment, procurement or attempted procurement.

Conduct Covered by Section 171D IPC

Voting in the Name of Another Person

The section expressly applies where a person at an election applies for a voting paper or votes in the name of any other person. It makes no difference under this part of the provision whether the person whose name is used is living or dead.

Voting in a Fictitious Name

Section 171D separately covers the use of a fictitious name. This prevents the provision from being limited only to misuse of the identity of an actual person.

Applying Again After Already Voting

The provision also addresses repeated participation by a person in the person's own name. If a person has already voted once at an election and then applies at the same election for a voting paper in that person's own name, the conduct falls within the statutory definition.

Abetting, Procuring or Attempting to Procure Personation

Section 171D extends beyond the individual who applies for a voting paper or votes in the prohibited manner. A person who abets, procures or attempts to procure voting by any person in any such way also commits the offence described by the section.

Authorized Proxy Voting Is Excluded

The proviso creates an important statutory exception. Section 171D does not apply to a person who has been authorized to vote as proxy for an elector under a law for the time being in force, to the extent that the person votes as proxy for that elector.

This proviso was inserted by Act 24 of 2003, section 5, with effect from 22 September 2003. The distinction is therefore between prohibited personation and proxy voting that is specifically authorized by applicable law.

Essential Ingredients of Section 171D IPC

ContextThe prohibited conduct must occur at an election.
Other person's identityApplication for a voting paper or voting in the name of another person, whether living or dead.
Fictitious identityApplication for a voting paper or voting in a fictitious name.
Repeat applicationAfter voting once, applying at the same election for a voting paper in one's own name.
Participation by othersAbetting, procuring or attempting to procure voting by a person in any of the prohibited ways.
Proxy exceptionAuthorized proxy voting under applicable law is excluded to the extent specified in the proviso.

Section 171D and Other IPC Election Offences

Section 171B IPC dealt with electoral bribery, while Section 171C IPC dealt with undue influence at elections. Section 171D addressed personation in voting. These provisions protected different aspects of the electoral process and should be applied according to their respective statutory ingredients.

Punishment for Personation at an Election

Section 171D defines the offence but does not itself prescribe the punishment. The punishment for personation at an election was provided separately by Section 171F IPC.

Practical Legal Effect

Application of Section 171D requires attention to the identity in which the voting paper was sought or the vote was cast, whether the person had already voted at the same election, and whether another person abetted, procured or attempted to procure the prohibited voting. Where proxy voting is involved, the statutory proviso requires examination of whether the person was lawfully authorized to vote as proxy and acted within that authorization.

Legislative Note

The proviso excluding duly authorized proxy voting was inserted by Act 24 of 2003, section 5, with effect from 22 September 2003. This amendment is material to the pre-BNS text because lawful proxy voting falling within the proviso is not personation under Section 171D.

Position After 1 July 2024

The Indian Penal Code, 1860 was replaced for the new criminal-law regime by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024, subject to the applicable repeal and savings provisions. Section 171D IPC can therefore remain relevant where the earlier law governs the alleged conduct or proceeding. For conduct governed by the new regime, the applicable provisions of the Bharatiya Nyaya Sanhita, 2023 and relevant election law should be examined.

Note: This article explains the pre-BNS statutory position for general legal information. Whether particular conduct constitutes personation at an election depends on the facts and the ingredients of the applicable provision.