Section 192 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 192 of the Bharatiya Nyaya Sanhita (BNS), 2023, pertains to the offense of personation at elections, focusing on fraudulent voting practices to safeguard the electoral process.
๐ Text of Section 192 โ Personation at Elections
Section 192. 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 offense of personation at an election:
Provided that nothing in this section shall apply to a person who has been authorized 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.
โ๏ธ Key Elements of the Offense
Impersonation: Applying for a voting paper or voting in the name of another person, whether that person is alive, deceased, or fictitious.
Multiple Voting: Attempting to vote more than once in the same election, even if one has already cast a vote.
Abetment: Assisting, procuring, or attempting to procure someone else to engage in any of the above fraudulent activities.
Exemption: The section does not apply to individuals authorized to vote as a proxy under existing laws, provided they vote as a proxy for the elector.
๐งพ Illustrative Examples
Example 1: A person applies for a voting paper using the name of a deceased individual and casts a vote. This constitutes personation under Section 192.
Example 2: An individual votes once and then attempts to vote again in the same election using their own name. This is also an offense under this section.
Example 3: Someone persuades another person to vote using a fictitious name. The persuader is liable under Section 192 for abetment.
Example 4: A person authorized to vote as a proxy for an elector does so in accordance with the law. This action is exempt from the provisions of Section 192.
๐ก๏ธ Objective of Section 192
The primary objective of Section 192 is to safeguard the electoral process by preventing fraudulent voting activities such as impersonation and multiple voting. By criminalizing these acts, the BNS aims to uphold the sanctity of elections and ensure that each vote cast represents the genuine will of an eligible elector.
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