IPC 171C to BNS 171: Undue influence at elections
Section 171C IPC (1860) replaced by Section 171 BNS (2023)
IPC 171C to BNS 171 at a Glance
Section 171C IPC (Undue influence at elections) is now Section 171 BNS, in force from 1 July 2024. What changed is set out below.
What Changed From IPC 171C to BNS 171?
Section 171C IPC is now Section 171 BNS, with the same title and the same words. The punishment is now in Section 174 BNS, as it was in Section 171F IPC.
IPC 171C vs BNS 171: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 171C | 171 |
| Offence | Undue influence at elections | Same |
| Punishment | None of its own. This section only defines undue influence at an election. Section 171F IPC provides imprisonment of either description for up to one year. | None of its own. This section only defines undue influence at an election. Section 174 BNS provides imprisonment of either description for up to one year. |
| Fine | None of its own. Section 171F IPC allows fine instead of imprisonment, or together with it. | None of its own. Section 174 BNS allows fine instead of imprisonment, or together with it. |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 171C and BNS 171: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 171C, IPC 1860
171C. Undue influence at elections.—(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—
(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).
(3) A declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.
BNS 2023 (in force)
Section 171, BNS 2023
(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—
(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind; or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).
(3) A declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.
Ingredients: IPC 171C vs BNS 171
Under IPC 171C
- The accused voluntarily interfered, or attempted to interfere, with the free exercise of an electoral right
- The interference may be a threat of injury of any kind to a candidate or voter, or to a person in whom the candidate or voter is interested
- The interference may be inducing, or attempting to induce, a candidate or voter to believe that he or a person in whom he is interested will become an object of Divine displeasure or of spiritual censure
- A declaration of public policy, a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right is not interference
Under BNS 171
- Voluntary interference, or an attempt to interfere, with the free exercise of an electoral right
- A threat of injury, or an inducement to fear Divine displeasure or spiritual censure, which is deemed to be such interference
What IPC 171C to BNS 171 Means for Pending Cases
For Section 171C IPC (now Section 171 BNS): the definition is unchanged, so an act of undue influence at an election after the BNS came into force is read against the same words in Section 171 BNS and punished under Section 174 BNS.
FAQs: IPC 171C to BNS 171
What changed when Section 171C IPC became Section 171 BNS?▼
Only the number. Section 171 BNS repeats the title and the words of Section 171C IPC.
Where does Section 171C IPC sit in the BNS?▼
In Section 171 BNS, in Chapter IX, Of Offences Relating to Elections.
Does Section 171C IPC or Section 171 BNS apply to an act done before 1 July 2024?▼
Section 171C IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 171C IPC. Section 171 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·