Section 171 BNS: Undue Influence at Elections
Section 171 of the Bharatiya Nyaya Sanhita, 2023 (BNS) makes it an offence to voluntarily interfere, or attempt to interfere, with the free exercise of an electoral right. The section forms part of Chapter IX, which deals with offences relating to elections.
Updated on September 9, 2026
Text of Section 171 of the Bharatiya Nyaya Sanhita, 2023
171. Undue influence at elections. - (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), whoever -
(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.
Meaning of Section 171 BNS
The central idea of Section 171 is protection of a person’s freedom to exercise an electoral choice without coercion or improper pressure. The offence is not limited to completed interference. An attempt to interfere with the free exercise of an electoral right is also covered.
The section specifically identifies two forms of conduct that amount to interference: threatening a candidate, voter, or a person in whom either is interested with injury of any kind; and using religious or spiritual pressure by inducing a belief that the person concerned will become an object of Divine displeasure or spiritual censure.
What is an “electoral right” under the BNS?
Section 169(b) BNS defines “electoral right” as the right of a person to stand, or not to stand, as a candidate; to withdraw from being a candidate; or to vote or refrain from voting at an election. Section 169(a) defines a “candidate” as a person who has been nominated as a candidate at an election.
Essential ingredients of undue influence at an election
- There must be voluntary interference, or an attempt to interfere, with the free exercise of an electoral right.
- The protected right includes candidacy decisions as well as the decision to vote or refrain from voting.
- A threat of injury to a candidate, voter, or a person in whom either is interested is expressly covered.
- Religious or spiritual coercion of the kind described in Section 171(2)(b) is expressly treated as interference.
- The statutory exceptions in Section 171(3) apply where there is no intent to interfere with an electoral right.
What does not amount to interference under Section 171(3)?
Section 171(3) excludes three kinds of conduct from the meaning of interference where the required intent is absent: a declaration of public policy, a promise of public action, and the mere exercise of a legal right. The wording is important because the exclusion turns on the absence of intent to interfere with an electoral right.
Punishment for undue influence at elections
The punishment is provided separately in Section 174 BNS. A person who commits undue influence or personation at an election may be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
| Provision | Subject | Key point |
|---|---|---|
| Section 169 BNS | Definitions | Defines “candidate” and “electoral right” for Chapter IX. |
| Section 171 BNS | Undue influence at elections | Defines the offence and the statutory exclusions. |
| Section 174 BNS | Punishment | Up to one year’s imprisonment, or fine, or both. |
Corresponding provision under the Indian Penal Code, 1860
Before the BNS came into force, undue influence at elections was dealt with in Section 171C of the Indian Penal Code, 1860. The BNS now places the offence in Section 171, with the related punishment in Section 174.
Frequently asked questions
Does Section 171 BNS cover an attempt to influence a voter?
Yes, where the conduct amounts to an attempt to interfere with the free exercise of an electoral right. The statutory language expressly covers both interference and attempted interference.
Can a threat to someone connected with a voter or candidate be covered?
Yes. Section 171(2)(a) expressly includes a threat of injury to a candidate or voter, or to a person in whom the candidate or voter is interested.
Is every political promise undue influence?
No. Section 171(3) states that a declaration of public policy or a promise of public action is not deemed interference within the section when there is no intent to interfere with an electoral right.
Related BNS provisions
For connected election offences, see Section 172 - Personation at elections, Section 173 - Punishment for bribery, Section 175 - False statement in connection with an election, Section 176 - Illegal payments in connection with an election, and Section 177 - Failure to keep election accounts.