BNS Section 171- Undue influence at elections | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 171 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
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.
Without prejudice to the generality of the provisions of sub-section (1), whoever—
threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind; or
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).
A declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.
Procedural Details
Punishment
Depends on original offence
Nature of Offense
Depends on original offence
Bail Eligibility
Depends on original offence
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Depends on original offence
Frequently Asked Questions about BNS Section 171
What is Section 171 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: 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.
Without prejudice to the generality of the provisions of sub-section (1), whoever—
threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind; or
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).
A declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.
What is the punishment under BNS Section171 ?
The punishment for this specific offense is outlined under the new law as: Depends on original offence
Is BNS Section 171 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Depends on original offenceoffense.
Is BNS Section 171 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isDepends on original offence.
Which court has the jurisdiction to try cases under BNS Section 171 ?
Cases pertaining to this specific BNS section are triable by the Depends on original offence.
Can BNS Section 171 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
Pramod Editor-in-Chief
Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.