In India, sanctity of ballot is protected by a combination of historical legislation and newer legal frameworks.
Fake voting —legally referred to as personation or bogus voting—is a serious criminal offense that can lead to imprisonment, fines, and the loss of right to vote.
As of 2026, transition from Indian Penal Code (IPC) to Bharatiya Nyaya Sanhita (BNS) has streamlined how these offenses are categorized, though core penalties remain stringent.
1. Legal Definitions of Fake Voting
Under Indian law, fake voting occurs when a person:
-
Applies for a ballot paper or votes in name of another person (living or dead).
-
Votes using a fictitious name.
-
Attempts to vote more than once in same election (double voting).
-
Abets or procures another person to commit these acts.
2. Punishments and Penalties
Legal consequences are governed primarily by Bharatiya Nyaya Sanhita (BNS) and Representation of the People Act, 1951.
| Offense Type | Legal Provision | Maximum Punishment |
| Personation (Fake Voting) | BNS Section 174 (formerly IPC 171F) | Imprisonment up to 1 year, or a fine, or both. |
| Official Duty Breach | RP Act, 1951 (Sec 134/136) | Up to 2 years imprisonment if committed by election officials. |
| Fraudulent Marking | RP Act, 1951 (Sec 136) | Up to 6 months imprisonment or fine for ordinary citizens. |
Note: Under BNS, election-related offenses are generally non-cognizable (police require a warrant to arrest) and bailable, but they are triable by a Magistrate of the first class.
3. Disqualification
Immediate jail time is often less damaging than long-term civil punishment that follows a conviction. Under Section 11A of Representation of the People Act:
-
Loss of Voting Rights: A person convicted of personation is disqualified from voting in any election for a period of six years from date of conviction.
-
Ineligibility to Contest: Conviction for electoral offenses can also disqualify an individual from contesting elections (becoming a candidate) for a specified period, ending a political career.
4. Modern Safeguards and 2026 Updates
In 2026, Election Commission of India (ECI) has intensified its Special Intensive Revision (SIR) to eliminate ghost voters.
-
Aadhaar-Voter ID Linking: While voluntary, integration of biometric data has significantly reduced possibility of multiple entries for a single individual.
-
Indelible Ink: Using silver nitrate ink remains a physical barrier against repeat voting. Tampering with or removing this mark is also a punishable offense.
-
CCTV & Webcasting: Most polling stations now use live webcasting, providing digital evidence that can be used in court to prosecute those attempting bogus voting.
Fake voting is viewed by Indian courts as a mockery of democracy. Beyond individual punishment, if a candidate is found to have encouraged / benefitted from widespread bogus voting, entire election in that constituency can be declared null and void through an Election Petition in High Court.