IPC 171D→BNS 172

IPC 171D to BNS 172: Personation at elections

Section 171D IPC (1860) replaced by Section 172 BNS (2023)

View IPC Section 171D →View BNS Section 172 →

IPC 171D to BNS 172 at a Glance

Section 171D IPC (Personation at elections) is now Section 172 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 171D to BNS 172?

Section 171D IPC is now Section 172 BNS, with the same title, the same words and the same proviso. The punishment stays in the section on undue influence or personation, now Section 174 BNS.

IPC 171D vs BNS 172: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section171D172
OffencePersonation at electionsSame
PunishmentNone of its own. Section 171F IPC provides imprisonment of either description for up to one year for the offence of personation at an election.None of its own. Section 174 BNS provides imprisonment of either description for up to one year for the offence of personation at an election.
FineNone of its own. Section 171F IPC allows a fine, alone or with imprisonment, and fixes no amount.None of its own. Section 174 BNS allows a fine, alone or with imprisonment, and fixes no amount.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 171D and BNS 172: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 171D, IPC 1860

171D. 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.
BNS 2023 (in force)

Section 172, BNS 2023

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.

Ingredients: IPC 171D vs BNS 172

Under IPC 171D
  1. The act is done at an election
  2. The accused applies for a voting paper, or votes, in the name of any other person, whether living or dead, or in a fictitious name
  3. Or the accused has voted once at the election and applies at the same election for a voting paper in his own name
  4. Or the accused abets, procures or attempts to procure the voting by any person in any such way
  5. The accused is not a person authorised under any law for the time being in force to vote as proxy for an elector, in so far as he votes as that proxy
Under BNS 172
  1. The act is done at an election
  2. Applying for a voting paper, or voting, in the name of another person or in a fictitious name, or applying again in his own name after voting once
  3. Or abetting, procuring or attempting to procure such voting by another person

What IPC 171D to BNS 172 Means for Pending Cases

For Section 171D IPC (now Section 172 BNS): the definition and its proviso are unchanged, so a charge for an act done after the BNS came into force cites Section 172 BNS and is read the same way. The punishment is found in Section 174 BNS, in the same words as Section 171F IPC.

FAQs: IPC 171D to BNS 172

What changed when Section 171D IPC became Section 172 BNS?▼

Only the number. Section 172 BNS repeats the title, the words and the proviso of Section 171D IPC.

Where does Section 171D IPC sit in the BNS?▼

In Section 172 BNS, in Chapter IX, Of Offences Relating to Elections.

Does Section 171D IPC or Section 172 BNS apply to an act done before 1 July 2024?▼

Section 171D IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 171D IPC. Section 172 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·