BNS Section 174: Punishment for Undue Influence or Personation at an Election
Section 174 of BNS is part of Chapter 9 - offences relating to elections in Bharatiya Nyaya Sanhita 2023 Act. It deals with the offence of undue influence or personation during elections. This provision seeks to prevent individuals from manipulating or deceiving voters by using fraudulent means to influence the election process.
Definition of BNS Section 174
Section 174 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 174
Undue influence and personation during an election are criminalised under section 174 of the Bharatiya Nyaya Sanhita. These comprise actions that force voters or bribe them and impersonate somebody else to cast a vote in that person's name to destroy the electoral process.
This section, therefore, ensures elections are held on a clean merit without manipulation through force, deceit, or fraud. It punishes such crimes to ensure the credibility of elections and protect the democratic rights of the people. It can give punishment with rigorous imprisonment or a fine.
Illustration:
In case a voter impersonates another voter by making use of other people's identities to vote; that is a Section 174 offense. In cases where a candidate gives money or threats to a voter in the expectation of winning their vote, such would be deemed undue influence thus violating the election. In both examples, the convict can be arraigned and penalties meted accordingly to ensure elections are fair and transparent.
Key Points in Section 174
- Undue Influence refers to the interfering with an elector's free choice during an election (as per Section 171)
- Voting fraud by impersonating someone or using a false identity to obtain a voting paper (as per Section 172)
- Punishment involves imprisonment up to a year and may include a fine for the same
- Imprisonment can be either rigorous (involving hard labor) or simple (without hard labor), depending on the nature of the crime and the court’s discretion.
Differences Between Section 174 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 174 of BNS and its equivalent IPC section 171F N focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 174 | Punishment for undue influence or personation at an election. | 171F N | No change. |
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FAQs about Section 174 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 174 of the BNS?
Section 174 addresses the punishment for committing the offences of undue influence or personation during elections. It outlines penalties including imprisonment for up to one year, a fine, or both.
What constitutes undue influence in an election under Section 174?
Undue influence refers to interfering with someone's electoral rights, forcing or manipulating them to vote in a certain way.
What is personation in the context of Section 174?
Personation involves voting fraudulently by pretending to be another person or submitting a vote under a false identity.
What are the penalties for violating Section 174?
A person found guilty can face imprisonment for up to one year, a fine, or both, depending on the severity of the offence.
Is the offence under Section 174 cognizable?
No, the offence under Section 174 is classified as non-cognizable, meaning police cannot arrest the offender without a warrant.
Can the offender be granted bail under Section 174?
Yes, the offence under Section 174 is bailable, allowing the offender to seek bail.
Which court has jurisdiction over Section 174 cases?
Cases under Section 174 are triable by a Magistrate of the First Class.
