BNS Section 175: False Statement in Connection With an Election

Definition of BNS Section 175

Section 175 of the BNS 2023 States:
Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.

Explanation and Illustration of BNS Section 175

Section 175 of BNS deals with False Statements and false statements made in respect of an election. It bars a person who knowingly or otherwise disseminates false statements or reports likely to cause public mischief or influence voters or injure the reputation of candidates. This section preserves the truth and transparency of the electoral process that is necessary to preserve the legitimacy and fairness of elections.
Section 175 thereby penalises lies in order to protect voters against being misled with false information and deceit, preserving the integrity of the electoral system as well as democratic process​.

• Illustration of Section 175 Bharatiya Nyaya Sanhita, 2023:
  A candidate in an election falsely claims that their opponent is involved in criminal activities or has committed unethical acts, knowing that the statement is untrue. This is done with the intention of tarnishing the opponent's reputation and influencing voters to vote against them. If this untrue statement is disseminated to alter the outcome of an election, then the candidate or the person involved can be liable under Section 175. Thereafter, he will be held liable for creating this false campaign as it destroys the essence of fair elections and leads the public astray.

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