BNS Section 175 – False statement in connection with an election

Amit Kapoor02 mins

IPC Section – 171 G

Offence: False statement in connection with an election

  • Offence Description:
    • It is an offence to make or publish a false statement of fact about a candidate’s personal character or conduct, intending to influence the election result.
    • The person must either know or believe the statement to be false, or not believe it to be true.
  • Scope of False Statement:
    • The false statement must concern the personal character or conduct of a candidate. This includes things like their behavior, integrity, or any other aspect that could negatively affect the candidate’s reputation.
  • Punishment:
    • The punishment for this offence is a fine.
    • There is no specific mention of imprisonment.

Legal Classification:

  • Cognizable or Non-cognizable:
    • Non-cognizable. This means that the police cannot arrest the accused without a warrant, and an investigation cannot be initiated without the permission of the magistrate.
  • Bailable or Non-bailable:
    • Bailable. The accused has the right to be granted bail.
  • Court:
    • The case is triable in a Magistrate of the first class.

In summary, the law criminalizes the act of making false statements about a candidate’s personal character or conduct with the intent to influence election results, punishable by a fine. The offence is non-cognizable, bailable, and triable by a Magistrate of the first class.

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