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Introduction of BNS 174

BNS 174 deals with the offense of undue influence or personation during elections. It outlines the punishment for those who attempt to interfere with the voting process by pressuring others or pretending to be someone else in order to vote illegally. The section aims to protect the integrity of elections by penalizing dishonest practices that can affect the outcome.


The Bharatiya Nyaya Sanhita (BNS) Section 174 replaces the old Indian Penal Code (IPC) Section 171-F.



What is BNS Section 174 ?

BNS Section 174 makes it a criminal offense to engage in undue influence or personation at an election. Anyone who attempts to control or influence a voter’s decision unfairly, or pretends to be someone else while voting, can face legal consequences.


BNS 174: Punishment for Election Offenses
Exploring the penalties for undue influence and personation in elections under BNS 174.

BNS 174 in Simple Points

  1. Undue Influence: Pressuring or influencing someone unfairly to vote in a particular way is illegal.
  2. Personation: Pretending to be another voter, whether they are alive, dead, or fictional, is a crime.
  3. Punishment: The offender can be jailed for up to one year, fined, or both.
  4. Bailable Offense: A person arrested under this section can apply for bail and be released while awaiting trial.
  5. Trial by Magistrate: The case will be heard by a magistrate of the first class.

Section 174 BNS Overview

BNS Section 174 addresses illegal activities during elections, such as exerting pressure on voters or pretending to be someone else (personation) to cast a vote. The section aims to penalize any behavior that undermines the integrity of elections, with punishments that may include imprisonment for up to one year or a fine.

BNS Section 174: 10 Key Points Explained

  1. Undue Influence in Elections
    Undue influence refers to using pressure, threats, or coercion to manipulate someone’s vote. For example, if a person threatens another with harm unless they vote for a particular candidate, it constitutes undue influence.
  2. Personation in Elections
    Personation is when someone votes in the name of another person, whether that person is alive, dead, or fictional. This is illegal, as it misrepresents a genuine voter and distorts the election results.
  3. Punishment for Offense
    The person committing undue influence or personation can face imprisonment for up to one year. The severity of the punishment depends on the nature of the offense and the discretion of the court.
  4. Fine as Punishment
    In addition to or instead of imprisonment, the offender may be required to pay a fine. This is intended to further penalize unlawful election interference and discourage such practices.
  5. Bailable Offense
    BNS Section 174 is classified as a bailable offense, meaning the accused has the right to apply for bail. Once bail is granted, they may be released while awaiting their court trial.
  6. Non-Cognizable Offense
    This offense is non-cognizable, meaning the police cannot arrest someone without a warrant. A warrant is necessary before any arrest can be made, ensuring legal protection for the accused.
  7. Non-Compoundable Offense
    The offense is non-compoundable, meaning it cannot be settled out of court. The case must proceed through the legal system, and a judge will decide the outcome.
  8. Tried by Magistrate
    Cases under BNS Section 174 are tried by a Magistrate of the First Class. This means that the magistrate has the authority to hear and judge the case based on the evidence presented.
  9. Protects Election Integrity
    The section is designed to protect the fairness of elections by ensuring that all voters can freely choose their candidates without being manipulated or influenced by others.
  10. Electoral Fraud Prevention
    By punishing undue influence and personation, this law serves as a deterrent to electoral fraud. It ensures that those attempting to alter election outcomes through illegal means are held accountable.

Examples of BNS Section 174

  1. Example 1: Threatening a Voter
    A political party worker threatens a voter, saying that their family will face harm if they do not vote for a specific candidate. This is an example of undue influence, and the worker can be punished under BNS Section 174.
  2. Example 2: Voting in Another’s Name
    A person goes to a polling station and votes in the name of someone else who is dead. This is personation and is punishable under this section, as it distorts the election process by using fraudulent votes.

174 BNS Punishment

  1. Imprisonment: The guilty person can be sentenced to jail for a period that may extend up to 1 year.
  2. Fine: Instead of or along with jail time, the offender may be required to pay a fine.

174 BNS Punishment : Penalties for Election Misconduct
Understanding the penalties for undue influence and personation at elections under BNS 174.

BNS 174 bailable or not ?

Yes, BNS Section 174 is a bailable offense, which means the accused can apply for bail and be released while awaiting trial.


Bharatiya Nyaya Sanhita Section 174

SectionOffensePunishmentBailableCognizableTrial byCompoundable
BNS Section 174Undue influence or personationImprisonment up to 1 year, fine, or bothYesNoMagistrate of the First ClassNo
Bharatiya Nyaya Sanhita Section 174

BNS Section 174 FAQs

What is undue influence in elections?

What is personation in elections?

What is the punishment for undue influence or personation?

Is BNS Section 174 a bailable offense?

Yes, it is a bailable offense.

Can the police arrest someone for this offense without a warrant?

Who will try the case under BNS Section 174?


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