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.
Key Points:
Personation at Elections Defined:
Personation is a form of electoral fraud where a person votes or attempts to vote by pretending to be someone else—whether that person is living, deceased, or fictitious.
This also includes any attempt to apply for a voting paper under a false identity or vote again after having already voted in the same election.
Specific Acts Constituting Personation:
Voting in another's name: Applying for a voting paper and casting a vote in the name of another person, whether that person is alive, dead, or imaginary.
Voting more than once: A person who has already voted once at an election and then applies for another voting paper in their own name (attempting to vote again) is committing personation.
Abetting or procuring: Helping, encouraging, or attempting to convince someone else to commit personation (voting fraudulently) is also covered by this section.
Exemption for Proxy Voting:
Proxy voting is when someone is legally authorized to cast a vote on behalf of another voter (such as in cases of illness, absence, or other valid reasons).
The proviso (exception) under this section clarifies that personation does not apply to those who are voting as a proxy under legal authorization, as long as they are voting only on behalf of the person who gave them permission.
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