Section 169 BNS: Candidate, electoral right defined

Bharatiya Nyaya Sanhita, 2023

Section 169 BNS at a Glance

Section 169 BNS defines candidate, electoral right. It replaced Section 171A IPC on 1 July 2024.

Punishment

None of its own. This section only defines two expressions.

IPC Equivalent

Section 171A →

Section 169 BNS Bare Act Text

169. “Candidate”, “Electoral right” defined

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.

Source: Section 169, Bharatiya Nyaya Sanhita, 2023

Section 169 BNS in Simple Words

Section 169 of the Bharatiya Nyaya Sanhita (BNS) gives legal meaning to two basic election terms: candidate and electoral right. A candidate is a person who has been nominated as a candidate at any election. Electoral right means the right of a person to stand, or not to stand, as a candidate, and the right to withdraw from being a candidate.

It also includes the right to vote or refrain from voting at an election. This section does not create a punishment by itself. Its real purpose is to support the election offences that follow in the BNS.

Courts, police, election authorities, and lawyers use this definition while dealing with offences like undue influence, bribery, or interference with voting. In practice, this section helps decide whether a person’s electoral freedom has been affected and whether any later conduct amounts to an election offence.

Ingredients of Section 169 BNS

  • The meanings of candidate and electoral right apply for the purposes of the Chapter on elections
  • The section creates no offence

Punishment Under Section 169 BNS

Imprisonment

None of its own. This section only defines two expressions.

Fine

None of its own. Any fine is set by the section that creates the offence.

Section 169 BNS creates no offence of its own, so it carries no punishment, fine, bail position, or trial court of its own.

Example of Section 169 BNS

Swati is nominated as a candidate for a ward seat at a municipal election. From that nomination she is a candidate within Section 169 BNS. Imran is a voter in the same ward. His right to vote at the election, and his right to refrain from voting at it, are each an electoral right within the section. The section only supplies these meanings. Whether any conduct is an offence is decided by the other sections of the Chapter.

When Section 169 BNS Does Not Apply

  • The person has not been nominated as a candidate at any election
  • The right in question is not the right to stand, not to stand, or withdraw from being a candidate, or to vote or refrain from voting at an election
  • The question is whether conduct is bribery, which is dealt with in Section 170 BNS
  • The question is what punishment applies, since this section sets none

Section 169 BNS in the IPC (Previous Law)

Section 169 BNS replaces Section 171A IPC from the old criminal code.

Section 171A IPC is now Section 169 BNS. The heading is written in plain lower case as Candidate, electoral right defined, and the two definitions are word for word the same.

View IPC Section 171A →

FAQs on Section 169 BNS

Does Section 169 BNS punish anyone?▼

No. This section only defines key election terms. It helps explain other election offences, but it does not by itself provide any jail term or fine.

Who is treated as a candidate under Section 169 BNS?▼

A person who has been nominated as a candidate at an election is covered. The focus is on formal nomination, not just a person who says they may contest.

Under Section 169 BNS, what does electoral right mean in simple terms?▼

It means the legal right to stand or not to stand for election, to withdraw from being a candidate, and to vote or refrain from voting at an election. If someone interferes with these rights, other election offences may come into play.

Why is Section 169 BNS still useful if it has no punishment?▼

Because legal definitions decide how other offences are applied. In election disputes, this section helps courts and lawyers identify whether a person’s rights were affected in a legally relevant way.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·