Section 174 BNS: Punishment for Undue Influence or Personation at an Election
Section 174 of the Bharatiya Nyaya Sanhita, 2023 prescribes the punishment for two election offences: undue influence under Section 171 and personation at an election under Section 172. The section provides imprisonment up to one year, fine, or both.
Text of Section 174 BNS
174. Punishment for undue influence or personation at an election. Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.
For the official statutory text, see the Bharatiya Nyaya Sanhita, 2023 on India Code.
What Offences Does Section 174 Punish?
Section 174 is a punishment provision. The underlying offences are defined in the immediately preceding sections:
Undue Influence at Elections - Section 171 BNS
Section 171 BNS deals with voluntary interference, or an attempt to interfere, with the free exercise of an electoral right. It specifically includes threats of injury to a candidate, voter, or a person in whom the candidate or voter is interested, and inducing or attempting to induce a belief in Divine displeasure or spiritual censure.
The section also clarifies that a declaration of public policy, a promise of public action, or the mere exercise of a legal right without an intention to interfere with an electoral right does not amount to interference for this purpose.
Personation at Elections - Section 172 BNS
Section 172 BNS covers applying for a voting paper or voting in the name of another person, whether living or dead, using a fictitious name, applying again after having already voted at the same election, and abetting, procuring or attempting to procure such voting.
Lawful proxy voting by a person authorised under the law is expressly excluded from Section 172, so far as that person votes as the authorised proxy.
Punishment Under Section 174
A person found guilty of either undue influence or personation at an election may be punished with:
- imprisonment of either description for a term up to one year;
- fine; or
- both imprisonment and fine.
Cognizable, Bailable and Trial Court
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offence punishable under Section 174 BNS as follows:
| Provision | Section 174 BNS |
|---|---|
| Offence | Undue influence or personation at an election |
| Maximum imprisonment | Up to one year |
| Fine | Fine may be imposed |
| Cognizability | Non-cognizable |
| Bail | Bailable |
| Trial court | Magistrate of the first class |
The procedural classification is based on the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Meaning of Non-Cognizable and Bailable
A non-cognizable offence is one in which a police officer does not have authority to arrest without warrant merely on the basis of the classification. Under the BNSS, investigation of a non-cognizable case ordinarily requires an order of a Magistrate having power to try the case or commit it for trial.
A bailable offence is one classified as bailable in the First Schedule or made bailable by another law. Bail in such cases is governed by the applicable provisions of the BNSS.
Corresponding Provision Under the Indian Penal Code
The corresponding punishment provision under the former Indian Penal Code, 1860 was Section 171F IPC, which dealt with punishment for undue influence or personation at an election. The BNS now places this punishment in Section 174. The applicable law in a particular case may depend on the date of the alleged conduct and the relevant saving or transitional provisions.
Related Election Offences Under the BNS
Section 174 forms part of the BNS chapter on election offences. Related provisions include Section 171 - Undue influence at elections, 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.
Official Legal Resources
Readers may verify the current legislation through the official Bharatiya Nyaya Sanhita, 2023 text on India Code, the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, and the Ministry of Home Affairs new criminal laws page.