BNS Section 169: Candidate, Electoral Right Defined

Definition of BNS Section 169

Section 169 of the BNS 2023 States:
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.

Explanation and Illustration of BNS Section 169

BNS Section 169, defines what a 'candidate' and 'electoral rights' mean for Indian elections. The term 'candidate' would refer to a person who is duly nominated to hold a particular position in the election, whereas 'electoral rights' is the legal entitlement of eligible citizens to vote or stand for an election.
This section ensures that all players involved in the electoral process, whether voters or candidates, have well-defined rights and obligations, thus boosting fairness, transparency, and accountability in the electioneering process. Through such definitions, Section 169 seeks to safeguard the democratic framework of elections by ensuring that the citizens know and observe their electoral rights within the ambit of the law ​

• Illustration
  Assume A is an enrolled voter in a local election. A has the right to vote for his choice of candidate; thus, A exercises his electoral right. If A decides to contest the election, he becomes a candidate under Section 169 provided he fulfills the legal conditions. Once the nomination is submitted, A's right to vote and be elected fall under the purview of 'electoral rights' as Section 169 describes them. The said section thus guarantees that the elector as well as the candidate is aware of their rights and duties in the electoral process.

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