Code : Section 174 BNS
Whoever commits the offence of undue influence or personation at an election
shall be punished with imprisonment of either description for a term which may extend to
one year or with fine, or with both.
Explanation of Section 174 BNS
Section 174 of the Bharatiya Nyaya Sanhita, 2023 (BNS) penalizes any person who indulges in malpractice during elections by exercising undue influence over voters or by impersonating another person to cast a vote. This provision is crucial in ensuring free and fair elections in India.
The term “undue influence” refers to any voluntary interference with the free exercise of electoral rights, while “personation” refers to falsely representing oneself as another person to vote.
This section prescribes a punishment of imprisonment up to one year, or fine, or both for such offenses.
Key Elements of Section 174 BNS
- Applicability: Applicable to offences of undue influence and personation at elections.
- Nature of Offence: Both cognizable and bailable.
- Punishment: Imprisonment up to one year, or fine, or both.
- Objective: To maintain the sanctity, fairness, and transparency of the electoral process.
Illustration
Example 1: A person threatens a voter with bodily harm if they do not vote for a particular candidate. This constitutes undue influence. Under Section 174 BNS, the person threatening the voter is liable to be punished with imprisonment up to one year, or fine, or both.
Example 2: A person votes in an election pretending to be someone else whose name is registered in the voters’ list. This act amounts to personation and is punishable under Section 174 BNS.
Common Questions and Answers on Section 174 BNS
- What is the meaning of “Undue Influence” under Section 174 BNS? Undue influence refers to coercion, threats, or any wrongful act that interferes with a voter’s right to freely exercise their vote.
- What is “Personation” in the context of elections? Personation means falsely representing oneself as another person to cast a vote in an election.
- What is the punishment under Section 174 BNS? The offender may be punished with imprisonment of up to one year, or fine, or both.
- Is the offence under Section 174 BNS compoundable? No, the offence is not compoundable. However, it is bailable.
- How does Section 174 BNS ensure fair elections? It imposes penalties on those who misuse their power or manipulate the electoral process, thereby safeguarding democratic rights.
Conclusion
Section 174 BNS plays a vital role in maintaining electoral integrity by penalizing undue influence and impersonation at elections. It upholds the fundamental right of every citizen to participate in free and fair elections without fear, coercion, or manipulation.
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