Code
Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.
Explanation
- Undue influence: This refers to any act or omission that compels or induces a voter to vote or refrain from voting against their free will. This could include threats, intimidation, bribery, or offering favors.
- Personation: This involves impersonating another person to vote in their place. It also includes inducing or persuading someone to do so.
- Purpose: The act must be done with the intention of influencing the outcome of the election.
- Punishment: The offense is punishable with imprisonment for up to one year, or a fine, or both.
Illustration
Imagine a candidate’s supporter offering money to a voter in exchange for their vote. This would be considered undue influence under this section. Another example could be a person falsely claiming to be someone else and voting in their name. This would be considered personation.
Common Questions and Answers
Q: What constitutes undue influence?
A: Any act or omission that compels or induces a voter to vote or refrain from voting against their free will. This can include threats, intimidation, bribery, offering favors, or exploiting a person’s vulnerability.
Q: What is the difference between personation and impersonation?
A: Personation is the act of impersonating a voter to cast a vote in their name. Impersonation is a broader term that can include other forms of deception, but it specifically refers to assuming the identity of another person.
Q: What is the role of the Election Commission of India in enforcing this section?
A: The Election Commission of India is responsible for overseeing elections and ensuring that they are conducted fairly and transparently. It has the power to investigate complaints of undue influence or personation and take appropriate action, including prosecution under Section 171F.
