Section 175 BNS: False Statement in Connection with an Election

Section 175 of the Bharatiya Nyaya Sanhita, 2023 deals with false factual statements concerning the personal character or conduct of a candidate when such statements are made or published with intent to affect the result of an election.

Text of Section 175 BNS

For the official statutory text, see the Bharatiya Nyaya Sanhita, 2023 on India Code.

Essential Ingredients of Section 175

For Section 175 to apply, the statutory elements include the following:

• there must be a statement purporting to be a statement of fact;
• the statement must be false;
• the maker or publisher must either know or believe it to be false, or must not believe it to be true;
• the statement must relate to the personal character or conduct of a candidate; and
• it must be made or published with intent to affect the result of an election.

Meaning of "Statement of Fact"

The section is directed at a statement that purports to assert a fact. Its wording does not extend automatically to every political criticism, opinion, comment, prediction, or campaign argument. Whether a particular communication amounts to a statement of fact depends on its language, context, and the surrounding circumstances.

Requirement of Knowledge or Belief Regarding Falsity

The provision requires a mental element. It applies where the person making or publishing the statement knows or believes that it is false, or does not believe it to be true. Mere error, without the statutory state of mind and other ingredients, does not by itself satisfy the wording of Section 175.

Statement Must Concern Personal Character or Conduct of a Candidate

The false statement must relate to the personal character or conduct of a candidate. This requirement narrows the offence to statements of the kind specifically identified by Parliament in Section 175.

Intent to Affect the Result of an Election

The section also requires an intention to affect the election result. The making or publication of the statement must therefore have the electoral purpose specified in the provision.

Punishment Under Section 175 BNS

The punishment prescribed by Section 175 is fine. The section does not prescribe imprisonment.

The procedural classification above is based on the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 for the corresponding BNS offence.

Corresponding Provision Under the Indian Penal Code

The corresponding provision under the former Indian Penal Code, 1860 was Section 171G IPC, titled "False statement in connection with an election." Section 175 BNS carries forward the same general subject in the new criminal code. The law applicable to a particular case may depend on the date of the alleged conduct and relevant saving or transitional provisions.

Related Election Offences Under the BNS

Section 175 forms part of the BNS chapter dealing with election offences. Related provisions include Section 171 - Undue influence at elections, Section 172 - Personation at elections, Section 173 - Punishment for bribery, Section 174 - Punishment for undue influence or personation, Section 176 - Illegal payments in connection with an election, and Section 177 - Failure to keep election accounts.

Official Legal Resources

Readers may verify the 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.