Section 169 BNS: Candidate and Electoral Right Defined
Section 169 of the Bharatiya Nyaya Sanhita, 2023 defines the expressions "candidate" and "electoral right" for Chapter IX of the BNS, which deals with offences relating to elections.
Text of Section 169 of the Bharatiya Nyaya Sanhita, 2023
169. Candidate, electoral right defined. - For the purposes of this Chapter -
(a) "candidate" means a person who has been nominated as a candidate at any election;
(b) "electoral right" means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election.
Meaning of Section 169 BNS
Section 169 is a definition provision. It does not by itself create an offence or prescribe a punishment. Instead, it supplies the meaning of two key expressions used throughout Chapter IX. Those definitions are important when applying the election offences that follow, including bribery, undue influence, personation and other prohibited conduct connected with elections.
Meaning of "candidate"
For Chapter IX of the BNS, a candidate is a person who has been nominated as a candidate at any election. The statutory definition therefore focuses on nomination.
Meaning of "electoral right"
Electoral right includes the right to stand or not to stand as a candidate, to withdraw from being a candidate, to vote, or to refrain from voting at an election.
What rights are included in "electoral right"?
The definition expressly covers choices connected both with candidature and voting. For the purposes of Chapter IX, an electoral right includes:
- the right to stand as a candidate;
- the right not to stand as a candidate;
- the right to withdraw from being a candidate;
- the right to vote at an election; and
- the right to refrain from voting at an election.
Why Section 169 is important
The definitions in Section 169 determine the scope of several offences in Chapter IX. For example, Section 170 BNS defines bribery by reference to giving or accepting gratification in order to induce, reward or influence the exercise of an electoral right. Therefore, the meaning assigned by Section 169 is central to understanding what conduct may fall within the election-bribery provisions.
The same definitions also provide the interpretative foundation for the other election offences in the Chapter. Section 169 should therefore be read together with the substantive provisions that follow it rather than as a standalone penal provision.
Important: Section 169 BNS contains definitions for the purposes of Chapter IX. It does not prescribe imprisonment, fine, cognizable or bailable classification on its own, because it is not itself a substantive offence.
Section 169 BNS and the Representation of the People Act, 1951
The Representation of the People Act, 1951 is a separate election statute that contains its own definitions for the purposes specified in that Act. The meaning of a term must therefore be applied according to the statute and context in which it appears. Section 169 BNS expressly states that its definitions apply "for the purposes of this Chapter".
This distinction matters because election disputes, nominations, corrupt practices and criminal election offences may arise under different statutory provisions. Section 169 BNS should not be treated as replacing every definition appearing in election legislation.
Corresponding provision under the former Indian Penal Code
Section 169 BNS corresponds substantially to former Section 171A of the Indian Penal Code, 1860, which also defined "candidate" and "electoral right" for the IPC chapter dealing with offences relating to elections. The Bharatiya Nyaya Sanhita, 2023 replaced the IPC subject to the applicable repeal and saving provisions.
Official legal resources
The current statutory text and related election legislation can be checked through the following official Government sources:
Section 169 BNS in context
Section 169 begins Chapter IX of the BNS, titled "Of Offences Relating to Elections". The immediately following provision is Section 170 BNS - Bribery. The preceding provision is Section 168 BNS - Wearing garb or carrying token used by soldier, sailor or airman.
For the complete legislation index, see Bharatiya Nyaya Sanhita, 2023.