Penalties for Electoral Fraud in Bangladesh

Voting is a cornerstone of Bangladesh’s democratic framework, providing citizens with the fundamental right to participate in shaping their government. However, when this right is manipulated through fraudulent means, the integrity of the entire electoral process is jeopardised. In Bangladesh, electoral fraud—commonly referred to as ‘bogus voting’ or ‘fake votes’—is treated as a serious offence under the law, with strict penalties prescribed for those found guilty.

What Constitutes Bogus Voting?

Bogus voting occurs when a legitimate voter does not personally cast their ballot, yet a vote is recorded in their name. This can happen in several ways:

Another person casts a vote on behalf of the registered voter.

Ballots or electronic votes are cast in the absence of the voter.

Voters are coerced, intimidated, or pressured to vote for a particular candidate.

An individual votes multiple times in the same or different constituencies.

Essentially, any scenario in which a voter’s free and independent choice is absent qualifies as fraudulent voting.

Since Bangladesh’s independence, allegations of bogus voting have arisen in both national and local elections, creating distrust not only among opposition parties but also among the general electorate. Ahead of the 13th National Parliamentary Election, political parties have expressed concerns about potential electoral fraud. In response, the Election Commission (EC) has reaffirmed a strict zero-tolerance policy, stating that proven offences will lead to immediate legal action, including arrests and prosecution.

Legal Framework and Punishments

Under the Representation of the People Order, 1972, Sections 73–87, acts of electoral fraud are punishable by law. Key provisions include:

Up to seven years’ imprisonment for illegal activity at polling stations.

Up to six months’ imprisonment or a fine of BDT 50,000 for unlawful entry into a polling station.

Responsibility for enforcing penalties lies with designated election officials and judicial authorities present at polling stations.

Examples of Actions Considered Bogus Voting

The law ensures that any attempt to undermine free and fair elections is met with immediate and decisive action, thereby safeguarding the democratic process and reinforcing public trust in Bangladesh’s electoral system.