BNS 171 : Undue influence at elections.

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Introduction of BNS 171

Free and fair elections are the foundation of democracy, and any interference with the voter’s right to choose undermines the democratic process. Section 171 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with undue influence at elections. It punishes anyone who interferes, or attempts to interfere, with the free exercise of electoral rights. This includes threats, intimidation, and even the misuse of religious or spiritual authority to influence voters. By modernizing the provisions of IPC Section 171C, the BNS strengthens protections for voters and candidates, ensuring that elections remain transparent, fearless, and fair.

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The Bharatiya Nyaya Sanhita (BNS) Section 170 replaces the old Indian Penal Code (IPC) Section 171-C.

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What is BNS Section 171 ?

BNS Section 171 makes it a crime to vote in the name of another person, whether that person is real, deceased, or fictitious. It also punishes those who vote more than once in an election or help others commit this kind of fraud. The section aims to stop impersonation in voting, protecting fair elections.

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Section 171 BNS undue influence

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 this section, whoever—

• threatens any candidate or voter, or
• induces or attempts to induce a candidate or voter to believe that they, or any person in whom they are 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.

Explanation of Section 171

BNS Section 171 focuses on undue influence at elections, which occurs when someone interferes with another person’s free choice to vote. It targets intimidation, threats, and manipulation that prevent voters or candidates from exercising their electoral rights freely.

• Undue Influence Defined → Any attempt to control, restrict, or interfere with a person’s electoral choice.
• Threats & Intimidation → Threatening candidates or voters with harm or loss of rights is prohibited.
• Religious & Spiritual Pressure → Using divine displeasure or spiritual censure as a tool of coercion is punishable.
• Free Electoral Rights Protected → Ensures every voter and candidate can act without fear or manipulation.

Offence Classification under BNS Section 171

• Cognizability → Non-cognizable (police need court’s permission to investigate).
• Bailable? → Bailable offence.
• Compoundable? → Non-compoundable (cannot be privately settled).
• Trial Court → Triable by Any Magistrate.

Key Elements of Section 171

1. Free Electoral Rights → The section protects every citizen’s right to vote or contest elections without pressure.
2. Covers Threats & Violence → Any threat to life, property, or social standing is undue influence.
3. Spiritual/Religious Coercion → Declaring divine curses or religious displeasure to control votes is included.
4. Direct or Indirect Influence → Both open threats and subtle manipulations are covered.
5. Punishment → Imprisonment up to 1 year, or fine, or both.
6. Non-cognizable → Prevents misuse of law without court oversight.
7. Bailable → Bail can be granted by Magistrate.
8. Non-compoundable → Cannot be withdrawn by private compromise.
9. Magistrate Trial → Speedy trial under jurisdiction of Magistrate.
10. Democracy Safeguard → Protects free, fair, and fearless elections.

Examples of BNS Section 171

Example 1 – Threatening a Voter:
A local strongman tells villagers that if they vote against his preferred candidate, he will destroy their crops. This is undue influence and punishable under Section 171.

Example 2 – Religious Pressure:
A priest warns community members that voting for a particular candidate will invite divine wrath. This is spiritual coercion and falls under undue influence.

Why Section 171 is Important

• Protects Democracy → Keeps elections free from intimidation.
• Ensures Free Choice → Every voter can exercise their right independently.
• Prevents Religious/Spiritual Misuse → Stops exploitation of faith for political gains.
• Updates IPC 171C → Modernizes language and makes provisions clearer.
• Strengthens Electoral Integrity → Prevents manipulation and safeguards fairness.

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Section 171 BNS Overview

BNS Section 171 deals with preventing election fraud, specifically personation. It makes it illegal to impersonate someone else for the purpose of voting, whether the impersonation is done using a real person’s identity, a dead person’s name, or a fictitious identity. This section also prohibits voting more than once in the same election and punishes those who assist or encourage such actions. The section plays a vital role in maintaining the integrity of the electoral process.

BNS Section 171: Detailed Explanation with 10 Key Points

1. Definition of Personation

BNS Section 171 defines personation as the act of voting in the name of another person. This other person could be alive, deceased, or even a fictitious character. The goal is to prevent fraudulent voting practices, ensuring that elections are fair and transparent. Personation is considered a serious crime as it undermines the credibility of the voting process.

2. Voting in Another’s Name is Illegal

Under this section, voting in another person’s name, even with their permission, is illegal. Whether the person is alive or dead, using their identity to vote is strictly prohibited. This ensures that each individual is allowed to vote only once under their own identity.

3. Fictitious Identity Voting

The section also makes it clear that using a fictitious name to vote is a crime. A fictitious name refers to any made-up identity that does not correspond to a real person. This is to prevent people from inventing fake voters to manipulate election results.

4. Voting Multiple Times

A key aspect of BNS Section 171 is preventing an individual from voting multiple times in the same election. For instance, if a person votes once and then applies to vote again under their own or someone else’s name, they are committing the offense of personation. This provision is critical in preventing “double voting” or “repeat voting,” a common method of election fraud.

5. Punishment for Both Giver and Receiver

Not only the person committing personation but also anyone who abets, procures, or attempts to assist others in personation is guilty of an offense under BNS Section 171. This means if someone helps another person commit personation or encourages them to do so, they can be charged and punished just like the person committing the crime.

6. Attempted Personation is Punishable

Even if the act of personation is not successful, the mere attempt to commit it is considered a crime. If a person applies for a voting paper under a false name but does not actually vote, they can still be prosecuted under this section. This clause is essential in discouraging any attempts to cheat the electoral process.

7. Prevention of Election Fraud

The main aim of this section is to prevent election fraud. Personation is a way of manipulating votes and altering election outcomes unfairly. By criminalizing such practices, the law ensures that elections remain free, fair, and accurate, with every vote being genuine and cast by a legitimate voter.

8. Ensuring Integrity of Elections

BNS Section 171 is designed to maintain the integrity of elections. Elections are the foundation of a democracy, and any act that compromises their fairness can have serious consequences for the democratic process. This section safeguards the electoral process by making it illegal for anyone to tamper with the voting system through personation.

9. Non-Bailable Offense

Personation under BNS Section 171 is a non-bailable offense, which means that those arrested for it may not be released on bail easily. The seriousness of the offense is such that the court must carefully consider whether to grant bail, taking into account the potential impact on the fairness of the election.

10. Severe Penalties

The penalties for personation can include imprisonment, a fine, or both, depending on the severity of the offense. The law treats personation as a significant violation of the electoral process, and the punishment is designed to deter individuals from attempting such fraud. Imprisonment terms can vary based on the specific circumstances, but the punishment is meant to reflect the seriousness of the crime.

Examples of BNS Section 171

Example 1: Voting in a Dead Person’s Name

In a local election, Ravi, a voter, decides to cast a vote in the name of his deceased uncle to increase the chances of his favored candidate winning. He goes to the polling station, applies for the voting paper using his uncle’s name, and casts a vote. This act constitutes personation under BNS Section 171, as Ravi has voted under the name of a deceased person. He can be prosecuted and punished for this crime with both imprisonment and a fine.

Example 2: Attempting to Vote Twice

Anita votes in her own name during a state election. Later in the day, she tries to apply for a second voting paper using her maiden name to vote again. Although she is caught before she can cast the second vote, Anita has still committed the offense of personation by attempting to vote twice. Under BNS Section 171, she can be charged for attempting to commit the crime, even though she did not successfully vote a second time.

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Bharatiya Nyaya Sanhita Section 171

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BNS Section 171 FAQs

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Conclusion

BNS Section 171 ensures that fraudulent voting practices like personation are strictly punishable. By criminalizing voting in another person’s name—whether living, deceased, or fictitious—this law safeguards the democratic process. The section retains the spirit of IPC Section 171D but provides clearer wording and classification. It plays a crucial role in upholding the integrity of elections and preventing electoral fraud in India.

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Finished with BNS 171 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS 172 : Personation at elections.
• https://marriagesolution.in/bns_section/bns-172/
• BNS 173 : Punishment for bribery.
• https://marriagesolution.in/bns_section/bns-173/
• BNS 174 :Punishment for undue influence or personation at an election.
• https://marriagesolution.in/bns_section/bns-174/
• BNS 175 : False statement in connection with an election.
• https://marriagesolution.in/bns_section/bns-175/
• BNS 176 : Illegal payments in connection with an election.
• https://marriagesolution.in/bns_section/bns-176/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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