BNS Section 174 – Punishment for undue influence or personation at an election

IPC Section – 171F

Punishment for Undue Influence or Personation at an Election

1. What is the Offence?

This law penalizes two specific electoral offences:

• Undue Influence: Interfering with the free exercise of any person’s electoral rights (e.g., through threats, coercion, or manipulation).
• Personation: Voting fraudulently by pretending to be someone else or applying for a voting paper under a false identity.

2. Key Elements of the Offence

• Undue Influence: Includes acts like threatening voters or candidates, or using spiritual or religious coercion to influence voting behavior.
• Personation: Involves voting in another’s name (living, dead, or fictitious) or voting more than once in the same election.

3. Punishment

• Imprisonment: Up to 1 year (simple or rigorous), or
• Fine, or
• Both imprisonment and fine.

4. Type of Offence

• Non-cognizable: Police cannot arrest without a warrant.
• Bailable: The accused can claim bail as a right.
• Court: The case will be tried by a Magistrate of the first class.

5. Purpose of the Law

• To deter electoral fraud and ensure free and fair elections.
• To maintain the integrity of the electoral process by penalizing acts of undue influence and personation.

Summary of the Offence

6. Nature of Punishment

• Imprisonment of Either Description: The offender can be sentenced to either rigorous imprisonment (with hard labor) or simple imprisonment (without labor), depending on the gravity of the offence and the court’s discretion.