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Introduction of BNS 175

BNS 175 deals with the offense of making or publishing false statements in connection with an election. If someone makes a statement about a candidate’s personal character or conduct that is false and intended to influence the election’s outcome, they can be punished under this section. The law ensures that no false information is used to manipulate voters.


The Bharatiya Nyaya Sanhita (BNS) Section 175 replaces the old Indian Penal Code (IPC) Section 171-G.



What is BNS Section 175 ?

BNS Section 175 makes it illegal to make or publish false statements with the intent to affect the results of an election. If someone spreads false information about a candidate’s personal character or behavior, they can face legal consequences. The purpose is to maintain the integrity and fairness of elections by preventing the spread of misinformation.


175 BNS: Penalties for False Election Statements
Overview of penalties for making false statements about candidates in elections under BNS 175.

BNS 175 in Simple Points

  1. False Statements Prohibited
    Any false statement made about a candidate’s character or conduct with the intent to influence the election is prohibited.
  2. Intent to Affect Election
    The false statement must be made with the intent to alter or impact the outcome of an election.
  3. Punishment by Fine
    Anyone found guilty of this offense can be punished with a fine.
  4. Non-Cognizable Offense
    The offense is non-cognizable, meaning the police cannot arrest the accused without a warrant.
  5. Bailable Offense
    It is a bailable offense, which allows the accused to apply for bail and be released from custody while awaiting trial.

Section 175 BNS Overview

BNS Section 175 punishes individuals who make or publish false statements about an election candidate’s personal character or conduct with the intent to affect the result of an election. It aims to prevent the use of lies and misinformation in elections, maintaining fairness and integrity.

BNS Section 175 :10 Key Points

  1. False Statement About Candidates
    The law is applicable when someone makes a false statement about a candidate’s personal character or conduct during an election.
  2. Intention to Influence the Election
    For the offense to occur, the person must have the intent to influence voters or the outcome of the election through the false statement.
  3. Publishing False Information
    The offense includes not only making false statements but also publishing false information, such as in newspapers, online platforms, or pamphlets.
  4. Punishment with Fine
    The primary punishment for this offense is a fine, aimed at financially penalizing the wrongdoer.
  5. Non-Cognizable Offense
    The offense is classified as non-cognizable, meaning that the police cannot arrest the person without a court-issued warrant.
  6. Bailable Offense
    Since it is a bailable offense, the person accused of violating this section can apply for bail and be released from custody while waiting for trial.
  7. Non-Compoundable Offense
    The offense is non-compoundable, which means it cannot be settled or withdrawn by the complainant outside of court. The legal process must continue.
  8. Tried by Magistrate
    The case will be tried by a Magistrate of the First Class, who will determine the punishment based on the evidence presented.
  9. Scope of Falsehood
    The law specifically covers statements about the personal character or conduct of a candidate, not general political opinions or campaign promises.
  10. Protection of Election Integrity
    The main objective of this section is to ensure the fairness and integrity of elections, preventing false information from manipulating voters.

Examples of BNS Section 175

  1. Example 1: False Accusation of Corruption
    A person spreads a rumor during an election that a candidate is involved in a corruption scandal, knowing the information is false. The rumor is intended to turn voters against the candidate. This is an offense under BNS Section 175, and the person responsible can be fined for spreading the false statement.
  2. Example 2: Fake News Publication
    A local newspaper publishes a story claiming that a candidate has been arrested for a crime, although the publisher knows the story is untrue. This false publication aims to damage the candidate’s reputation before the election. The publisher would be guilty under BNS Section 175 and could face a fine.

BNS 175 Punishment

Fine
A person convicted under this section is punished with a fine for making or spreading false information about a candidate during elections.

Imprisonment
While the primary punishment is a fine, in some cases, imprisonment may also be considered based on the court’s discretion.


175 BNS Punishment : penalties for false election statements
Penalties outlined in BNS 175 for making false statements related to elections.

BNS 175 bailable or not ?

BNS Section 175 is a bailable offense, meaning the accused can apply for bail and be released while awaiting trial. This allows the person to avoid detention while their case is ongoing.


Bharatiya Nyaya Sanhita Section 175

ParticularsDetails
Section Number175
OffenseFalse statement in connection with election
PunishmentFine (and possibly imprisonment)
Classification of OffenseNon-cognizable, Bailable
Triable byMagistrate of the First Class
Non-compoundableYes
Examples of OffenseFalse statements about a candidate’s character
PurposeProtect election integrity
Bharatiya Nyaya Sanhita Section 175

BNS Section 175 FAQs

What is BNS Section 175?

What kind of statements are covered?

The section applies to false statements related to the personal character or conduct of a candidate.

What is the punishment under this BNS 175 section?

BNS 175 a bailable offense?

Who tries cases under Section 175?


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