Section 171A IPC: Candidate and Electoral Right Defined
Section 171A of the Indian Penal Code, 1860 supplied two important definitions for the IPC chapter dealing with offences relating to elections: "candidate" and "electoral right". These definitions provide the statutory foundation for interpreting the election-related offences that follow.
Text of Section 171A IPC
Nature and Purpose of Section 171A IPC
Section 171A was a definition provision. It did not itself prescribe a punishment. Instead, it defined expressions used in the election-offence provisions contained in the same Chapter of the IPC.
The definitions are important because later provisions concerning conduct such as bribery, undue influence and personation at elections use concepts connected with candidates and electoral rights. Section 171A therefore helps determine the meaning and scope of those provisions.
Definition of "Candidate" Under Section 171A(a)
Under clause (a), a "candidate" means a person who has been nominated as a candidate at any election. The statutory definition thus turns on nomination as a candidate at an election.
| Defined expression | Candidate |
|---|---|
| Statutory meaning | A person who has been nominated as a candidate at any election |
| Provision | Section 171A(a) IPC |
Definition of "Electoral Right" Under Section 171A(b)
Clause (b) defines "electoral right" broadly. It includes choices relating both to candidature and voting. The statutory definition protects not only a positive decision to participate but also specified decisions not to participate.
For purposes of Section 171A, electoral right includes the right of a person:
- to stand as a candidate at an election;
- not to stand as a candidate at an election;
- to withdraw from being a candidate;
- to vote at an election; and
- to refrain from voting at an election.
Right to Stand or Not to Stand as a Candidate
The definition expressly includes both the right to stand and the right not to stand as a candidate. This wording is relevant when applying election-offence provisions that concern interference with a person's electoral choice.
Right to Withdraw From Candidature
Section 171A(b) separately includes the right to withdraw from being a candidate. The statutory concept of electoral right therefore extends beyond the initial choice concerning candidature and includes the specified decision to withdraw.
Right to Vote or Refrain From Voting
The definition includes both the right to vote and the right to refrain from voting at an election. The wording is significant because the statutory expression "electoral right" is not confined to casting a vote; it also encompasses the choice not to vote.
How Section 171A Relates to Other Election Offences
Section 171A provides definitions used for understanding the IPC provisions on offences relating to elections. Nearby provisions include Section 171B IPC on bribery, Section 171C IPC on undue influence at elections, and Section 171D IPC on personation at elections.
The punishment provisions appear separately, including Section 171E IPC and Section 171F IPC. Section 171A itself is definitional and does not create a separate punishment.
Practical Importance of the Definition
When an election-related IPC offence depends on an act affecting a candidate or the exercise of an electoral right, Section 171A provides the relevant statutory meaning. The exact conduct alleged must then be tested against the ingredients of the particular substantive election offence.
Legislative History
Insertion: Section 171A was inserted by Act 39 of 1920, section 2.
Amendment to clause (a): The source text records that clause (a) was substituted by Act 40 of 1975, section 9.
Position After 1 July 2024
The Indian Penal Code, 1860 was replaced for the new criminal-law regime by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024, subject to the applicable repeal and savings provisions. Section 171A IPC can therefore remain relevant where the earlier law governs the alleged conduct or proceeding. For conduct governed by the new regime, the applicable provisions of the Bharatiya Nyaya Sanhita, 2023 and the relevant election law should be examined.
Note: This article explains the pre-BNS statutory definition in Section 171A IPC for general legal information. The application of an election-related offence depends on the wording and ingredients of the particular substantive provision involved.