Neeraj's brother is contesting elections. One of his friends and neighbour Kapil gets caught up somewhere on the day of election and does not come to vote. Neeraj tells the polling officer that his name is Kapil and casts Kapil's vote in favour of his brother. Neeraj is guilty of

Correct option is C

The correct answer is (c) personation at elections.

Legal Explanation from BNS 2023

Neeraj is guilty of Personation at elections because he intentionally represented himself as another person (Kapil) to exercise a right that did not belong to him.

• Definition (Section 172): According to Section 172 of the BNS 2023, a person commits the offence of personation at an election if they apply for a voting paper or vote in the name of any other person, whether that person is living, dead, or fictitious.
• Punishment (Section 174): The punishment for this act is prescribed under Section 174, which states that anyone who commits personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with a fine, or both.

Why the Other Options are Incorrect

• (a) Good Faith: "Good faith" (mentioned in Sections 14-33 of Chapter III) is not a defense for a deliberate act of identity fraud at a polling station . The law does not permit breaking electoral rules even with "good" intentions.
• (b) Implied Consent: In the context of voting, there is no legal provision for "proxy voting" by a neighbor based on consent. Each individual must cast their own vote as per their "electoral right".
• (d) Undue Influence: This is defined under Section 171 and involves voluntarily interfering with the free exercise of an electoral right, such as by threatening a voter. Neeraj did not threaten Kapil; he simply stole his identity at the booth, which specifically qualifies as personation under Section 172.