Code
(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section (1), whoeve—
(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is 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 of such candidate or voter, within the meaning of sub-section (1).
(3) A declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.
Explanation
Undue influence refers to any act, omission, or threat that compels an elector to vote for a particular candidate or party against their free will. This can include:
- Bribery or offering any material benefit
- Intimidation or threats of harm
- Coercion or pressure from a person in authority
- Exploiting someone’s vulnerability or dependence
The key element of this offence is the corrupt intent to influence the elector’s decision, not necessarily the success of the influence itself.
Illustration
Imagine a candidate offering free medical services to voters in a particular area in exchange for their vote. This act would be considered undue influence as it attempts to buy votes with material benefits. Similarly, a person threatening a voter with job loss if they don’t vote for a specific candidate would also be committing an offence under Section 171C.
Common Questions and Answers
Q: What is the difference between bribery and undue influence?
A: Bribery involves directly offering something of value to an elector in exchange for their vote. Undue influence covers a broader range of actions, including intimidation, coercion, and exploiting vulnerabilities.
Q: Can someone be prosecuted under Section 171C for simply asking someone to vote for a specific candidate?
A: Simply asking someone to vote for a candidate is not an offence. However, if the request is accompanied by threats, coercion, or any other act that influences the voter’s free will, it may constitute undue influence.
Q: Who can be prosecuted under Section 171C?
A: Both the candidate and the person who influences the voter on their behalf can be prosecuted under this section.
