Section 172 BNS: Personation at elections

Bharatiya Nyaya Sanhita, 2023

Section 172 BNS at a Glance

Section 172 BNS deals with personation at elections. It replaced Section 171D IPC on 1 July 2024.

Punishment

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.

IPC Equivalent

Section 171D →

Section 172 BNS Bare Act Text

172. 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.

Source: Section 172, Bharatiya Nyaya Sanhita, 2023

Section 172 BNS in Simple Words

Section 172 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with personation at elections. In simple terms, it applies when a person votes, or tries to vote, in the name of someone else, or votes more than once in the same election. It also covers anyone who knowingly helps such a wrongful act.

The law is aimed at protecting the purity of the voting process. This section matters because elections depend on each voter casting only one valid vote. If someone uses another person’s identity, or pretends to be a different elector, the result can be distorted.

The provision is not limited to the person who casts the false vote. It can also reach those who aid, abet, or arrange the impersonation. In practice, this offence is treated seriously because it strikes at the fairness of democratic elections.

Ingredients of Section 172 BNS

  • The act is done at an election
  • 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
  • Or abetting, procuring or attempting to procure such voting by another person

Punishment Under Section 172 BNS

Imprisonment

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.

Fine

None of its own. Section 174 BNS allows a fine, alone or with imprisonment, and fixes no amount.

Section 172 BNS defines personation at an election and has no entry in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. It carries no punishment, bail position or trial court of its own. Section 174 BNS provides the punishment, which is imprisonment of either description for up to one year, or fine, or both.

Example of Section 172 BNS

At a ward election Meena goes to the polling booth and applies for a voting paper in the name of Ravi, another voter on the list. Ravi has not come to vote. Meena has applied for a voting paper at an election in the name of another person. She commits personation at an election under Section 172 BNS, and the punishment is provided by Section 174 BNS.

When Section 172 BNS Does Not Apply

  • The person applies for a voting paper and votes only in his own name and has not voted before at the same election
  • The person is authorised under a law for the time being in force to vote as proxy for an elector and votes as that proxy
  • The conduct is interference with the free exercise of an electoral right, which is undue influence under Section 171 BNS
  • The question is what punishment applies, since this section sets none and Section 174 BNS provides it

Section 172 BNS in the IPC (Previous Law)

Section 172 BNS replaces Section 171D IPC from the old criminal code.

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.

View IPC Section 171D →

FAQs on Section 172 BNS

What is personation at an election under Section 172 BNS?▼

It means applying for a voting paper or voting in someone else's name, whether living or dead, or in a fictitious name, or applying again in one's own name after having already voted at the same election. The law also covers abetting, procuring, or attempting to procure such voting.

Under Section 172 BNS, can a person be punished even if the false vote was not counted?▼

Yes. Applying for a voting paper in another person's name or attempting to procure such voting is already covered by the section, even if the vote is not ultimately cast or counted.

Does Section 172 BNS apply only to the voter?▼

No. It also applies to anyone who abets, procures, or attempts to procure voting by any person in any such way.

Does voting as an authorised proxy count as personation under Section 172 BNS?▼

No. Under the proviso to Section 172 BNS, a person who is authorised under any law in force to vote as a proxy for an elector does not commit an offence when voting as proxy for that elector.

Have questions about Section 172 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·