Law4u - Made in India

What Is BNS Section 171?

Answer By law4u team

Bharatiya Nyaya Sanhita, 2023 - Section 171: Undue Influence at Elections

(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.

(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—

  • (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind; or
  • (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure,

shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).

(3) A declaration of public policy or a promise of public action or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.

Brief Detail

BNS Section 171 addresses the offence of undue influence at elections, defined as any voluntary interference with the free exercise of electoral rights. It includes threats or attempts to induce fear of divine or spiritual consequences. However, lawful declarations of public policy or promises not intended to influence electoral rights do not constitute undue influence.

Question & Answers

Q1: What constitutes undue influence at an election under BNS Section 171?

A1: Undue influence at an election involves voluntarily interfering with or attempting to interfere with a person’s free exercise of their electoral rights. This includes threats or inducing fear of divine or spiritual consequences.

Q2: Are lawful declarations or promises considered undue influence under this section?

A2: No, lawful declarations of public policy or promises of public action are not considered undue influence if they are not intended to interfere with electoral rights.

Example

Example Scenario:

If a candidate threatens voters with harm or tells them that they will face divine retribution if they do not vote a certain way, such actions would be deemed undue influence under BNS Section 171. However, a candidate's promise to improve public services does not count as undue influence if it does not involve threats or coercion.

Summary

BNS Section 171 defines undue influence at elections as any voluntary interference with the free exercise of electoral rights. This includes threats of harm or inducing fear of divine or spiritual consequences. Legal declarations or promises made without intent to interfere are not considered undue influence.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Yogesh

Advocate Yogesh

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Family, Motor Accident

Get Advice
Advocate Saurabh Yadav

Advocate Saurabh Yadav

Civil, Criminal, Trademark & Copyright, Property, Revenue

Get Advice
Advocate Bhuvnesh Bhardwaj

Advocate Bhuvnesh Bhardwaj

Cheque Bounce, Child Custody, Divorce, Domestic Violence, Criminal

Get Advice
Advocate Dharmendra Singh

Advocate Dharmendra Singh

Civil,Criminal,Domestic Violence,Family,Revenue,Cheque Bounce,Anticipatory Bail,

Get Advice
Advocate Uzma Afsar

Advocate Uzma Afsar

Civil, Family, Supreme Court, Criminal, High Court

Get Advice
Advocate Kurra Ravi

Advocate Kurra Ravi

Arbitration, Anticipatory Bail, Court Marriage, Civil, Divorce, Family, Domestic Violence, Insurance, Landlord & Tenant, Muslim Law, Motor Accident, R.T.I, Recovery, Succession Certificate, Criminal, Cheque Bounce, Child Custody, Documentation, Medical Negligence

Get Advice
Advocate Anil Kumar Kaushik

Advocate Anil Kumar Kaushik

Cheque Bounce, Criminal, Cyber Crime, Divorce, Domestic Violence

Get Advice
Advocate Isac Camilus B

Advocate Isac Camilus B

Breach of Contract, Consumer Court, Cyber Crime, GST, Domestic Violence, High Court, Landlord & Tenant, R.T.I, Trademark & Copyright, Criminal

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.