Section 171D IPC: Personation at elections

Indian Penal Code, 1860

Section 171D IPC at a Glance

Section 171D IPC deals with personation at elections. From 1 July 2024 it is replaced by Section 172 BNS.

Punishment

None of its own. Section 171F IPC provides imprisonment of either description for up to one year for the offence of personation at an election.

BNS Equivalent

Section 172 โ†’

Section 171D IPC Bare Act Text

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.

Source: Section 171D, Indian Penal Code, 1860

Section 171D IPC in Simple Words

Section 171D of the Indian Penal Code (IPC) defines the offence of personation at an election. A person commits it by applying for a voting paper, or voting, in the name of any other person, whether living or dead, or in a fictitious name. A person who has voted once at an election and applies at the same election for a voting paper in his own name also commits it.

So does anyone who abets, procures or attempts to procure voting by another person in any such way. A proviso excludes a person authorised under any law for the time being in force to vote as proxy for an elector, so far as he votes as that proxy. The section sets no punishment of its own and has no entry in the First Schedule to the Code of Criminal Procedure.

The punishment is in Section 171F IPC.

Ingredients of Section 171D IPC

  • The act is done at an election
  • 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
  • Or the accused has voted once at the election and applies at the same election for a voting paper in his own name
  • Or the accused abets, procures or attempts to procure the voting by any person in any such way
  • 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

Punishment Under Section 171D IPC

Imprisonment

None of its own. Section 171F IPC provides imprisonment of either description for up to one year for the offence of personation at an election.

Fine

None of its own. Section 171F IPC allows a fine, alone or with imprisonment, and fixes no amount.

Section 171D IPC defines personation at an election and has no entry in the First Schedule to the Code of Criminal Procedure. It carries no punishment, bail position or trial court of its own. Section 171F IPC provides the punishment, which is imprisonment of either description for up to one year, or fine, or both.

Example of Section 171D IPC

During a parliamentary by-election in Madurai in 2016, Senthil cast his ballot in the morning and returned in the afternoon at the same election to apply again for a voting paper in his own name. At the same election, his associate Murugan procured Karthik, who held no legal proxy authorisation, to vote in the name of a deceased elector. Because Senthil applied for a voting paper in his own name after having already voted once at that election and Murugan procured voting in the name of a dead person, both Senthil and Murugan commit the offence of personation at an election under Section 171D IPC.

When Section 171D IPC Does Not Apply

  • An elector requests a ballot paper and casts his vote once in his own true name at the election.
  • A person who is legally authorised under a law in force to act as a proxy for an elector casts a vote strictly as that elector's proxy.
  • A person threatens or coerces a voter without anyone applying for a ballot or voting in another's name or a second time, which is dealt with as undue influence under Section 171C IPC.
  • The issue is the punishment to be imposed for personation at an election, which is provided in Section 171F IPC rather than Section 171D IPC.

Section 171D IPC in the BNS

Section 171D IPC is now covered under Section 172 BNS.

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 detailed comparison (IPC 171D vs BNS 172) โ†’

FAQs on Section 171D IPC

What does Section 171D IPC provide?โ–ผ

It defines the offence of personation at an election. A person commits it by applying for a voting paper, or voting, in the name of any other person, whether living or dead, or in a fictitious name, or by applying again at the same election in his own name after having voted once.

Who else commits personation at an election under Section 171D IPC?โ–ผ

Anyone who abets, procures or attempts to procure the voting by any person in any such way.

Does Section 171D IPC apply to a proxy voter?โ–ผ

No. A person authorised under any law for the time being in force to vote as proxy for an elector is excluded, so far as he votes as that proxy.

Under Section 171D IPC, what is the punishment for personation at an election?โ–ผ

Section 171D IPC sets none. Section 171F IPC punishes the offence with imprisonment of either description for up to one year, or with fine, or with both.

Is Section 171D IPC bailable or cognizable?โ–ผ

It has no entry in the First Schedule to the Code of Criminal Procedure, so it carries no bail or cognizance classification of its own.

How does Section 171D IPC differ from Section 171C IPC?โ–ผ

Section 171D IPC defines personation at an election. Section 171C IPC defines undue influence at an election, which is voluntary interference or attempted interference with the free exercise of an electoral right.

Where is Section 171D IPC in the Bharatiya Nyaya Sanhita?โ–ผ

In Section 172 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท