IPC Section 177
IPC Section 177 – Punishment for False Personation
Bare Act Language:
"Whoever falsely represents—
That he is a person entitled to vote at an election; or
That he is a person duly appointed as a representative of a voter to vote on his behalf at an election;
shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both."
Explanation in Detail:
1. What is False Personation?
False personation in the context of elections means pretending or pretending to be someone else who is entitled to vote.
This can be:
Claiming to be a registered voter at an election when you are not, or
Claiming to be a lawful representative (proxy) of a voter authorized to vote on their behalf.
2. Key Elements of Section 177:
False representation: The accused must knowingly pretend to be the voter or the voter’s authorized representative.
Entitlement to vote: The person falsely represented must be entitled to vote at the election.
Election context: The offence must occur in relation to an election.
3. Punishment:
The punishment is simple imprisonment for up to six months, or
A fine, or
Both imprisonment and fine.
4. Objective:
To protect the integrity of the electoral process.
Prevent fraudulent voting or manipulation in elections.
Ensure only eligible voters or their authorized representatives cast votes.
5. Examples:
If Person A impersonates Person B (a registered voter) and casts a vote at an election, Person A can be punished under Section 177.
If someone claims to be a proxy authorized to vote on behalf of another person without authorization, it is also covered.
6. Distinction from Other Sections:
Different from Section 171E IPC (False statement in connection with an election), which relates to false information.
Section 177 specifically targets false personation, i.e., pretending to be someone else.
Summary:
Section 177 punishes those who impersonate voters or their representatives in elections.
It aims to uphold free and fair elections by penalizing fraudulent voting acts.
Punishment can be imprisonment, fine, or both.
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