Section 175 – Bharatiya Nyaya Sanhita (BNS) – False Statement In Connection With An Election.

Code :Section 175 BNS

Whoever with intent to affect the result of an election makes or publishes any
statement purporting to be a statement of fact which is false and which he either knows or
believes to be false or does not believe to be true, in relation to the personal character or
conduct of any candidate shall be punished with fine.

Explanation of Section 175 BNS

Section 175 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with false statements made in connection with an election, specifically about a candidate’s personal character or conduct. This provision seeks to prevent the spread of misinformation or defamatory content during the election period that may unduly influence voters’ opinions and manipulate the election result.

If a person knowingly or with malicious intent publishes a false statement regarding the personal character or behavior of a candidate, they are liable to be punished with a fine under this section.

Key Elements of Section 175 BNS

• Offence: Making or publishing a false statement about a candidate’s personal character or conduct with intent to affect election results.
• Mens Rea (Intent): The person knows the statement is false or does not believe it to be true.
• Punishment: Fine.
• Objective: To maintain electoral transparency and prevent defamation of candidates during elections.

Illustration

Example: During the election period, Person A publishes a social media post falsely alleging that Candidate X was involved in a criminal activity, knowing well that the allegation is false and without any evidence. This act is punishable under Section 175 BNS.

Common Questions and Answers on Section 175 BNS

1. What is the main purpose of Section 175 BNS? The purpose is to prevent the circulation of false, defamatory, or misleading information about a candidate’s character or conduct during elections.
2. What is the punishment under Section 175 BNS? The offender shall be punished with a fine.
3. Does this section apply only to candidates? Yes, Section 175 BNS applies to false statements related to the personal character or conduct of an election candidate.
4. Is Section 175 BNS a criminal offence? Yes, it is a criminal offence, but it is punishable only with a fine.
5. Is intent important to attract punishment under Section 175 BNS? Yes, the offence requires the intent to affect the result of the election by knowingly making or publishing false statements.

Conclusion

Section 175 BNS plays an essential role in preserving the credibility of elections by penalizing individuals who intentionally attempt to malign the reputation of candidates through false statements. This ensures a level playing field for all candidates and safeguards the democratic process.

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