Personation at elections
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Summary
Applying for a voting paper in someone else’s name (living or dead), in a fictitious name, voting more than once at the same election, or abetting or attempting these acts is a criminal offence called personation at an election. It applies whenever a person seeks a ballot or votes by pretending to be another or by deception. It does not apply to a person who is authorised to vote as a proxy for an elector.
Example
Rohan goes to a polling station and asks for a voting paper in his late uncle’s name so he can cast a vote. That is personation at an election and can lead to criminal prosecution for personation.
Bare Act
Enacted textWhoever 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.
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