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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.
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.
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.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
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. |
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
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