Section 171 BNS: Undue influence at elections

Bharatiya Nyaya Sanhita, 2023

Section 171 BNS at a Glance

Section 171 BNS deals with undue influence at elections. It replaced Section 171C IPC on 1 July 2024.

Punishment

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.

IPC Equivalent

Section 171C →

Section 171 BNS Bare Act Text

(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.

Source: Section 171, Bharatiya Nyaya Sanhita, 2023

Section 171 BNS in the IPC (Previous Law)

Section 171 BNS replaced Section 171C IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 171 BNS

Under Section 171 BNS, what counts as undue influence in an election?▼

It means using force, threats, intimidation, or pressure to affect a voter’s free choice. Simple political appeal or persuasion is not enough by itself. The law targets conduct that disturbs free and fair voting.

Can a political worker be booked under Section 171 BNS?▼

Yes, if the worker uses improper pressure on voters or tries to stop them from voting freely. The section is not limited to candidates alone. Anyone involved in the act can face liability.

Is the offence under Section 171 BNS serious in terms of police powers?▼

It is a bailable and non-cognizable offence. That means police do not normally have free power to arrest without proper procedure, and bail is generally available. The case still matters because it goes to the fairness of the election process.

Does Section 171 BNS punish normal campaigning?▼

No. Normal campaigning, promises, and political persuasion are part of elections. The offence begins when the conduct crosses into coercion, threat, or improper pressure on the voter.

What is undue influence at an election under Section 171(2) BNS?▼

It means interfering, or trying to interfere, with the free exercise of an electoral right. Under Section 171(2) BNS, this specifically includes threatening a candidate or voter, or someone they care about, with any kind of injury, or making them believe they or such a person will face Divine displeasure or spiritual censure.

What has to be shown to make out an offence under Section 171(2) BNS?▼

It has to be shown that the person voluntarily interfered or attempted to interfere with the free exercise of an electoral right. The section treats threats of injury and inducing fear of Divine displeasure or spiritual censure as forms of such interference.

Under Section 171(2) BNS, does every political promise or public statement become undue influence at an election?▼

No. Section 171(3) BNS says that a declaration of public policy, a promise of public action, or the mere exercise of a legal right is not undue influence, as long as there is no intent to interfere with an electoral right.

Under Section 171(2) BNS, what should I do if I am accused of or want to complain about undue influence at an election?▼

You should gather and keep any clear proof of what was said or done, such as messages, recordings, names of witnesses, and details of the date and place. The text here defines the offence, but it does not set out the complaint process or punishment in the extract you shared, so those depend on the applicable provision and procedure.

What does Section 171(3) of the BNS say about election influence?▼

Section 171(3) BNS says some acts are not treated as undue influence at an election. A declaration of public policy, a promise of public action, or merely exercising a legal right is not interference, as long as there is no intent to interfere with an electoral right.

Can a political promise or public policy announcement become an offence under Section 171 BNS?▼

By itself, no. The bare text says a declaration of public policy or a promise of public action is not undue influence under Section 171 BNS, unless there is intent to interfere with an electoral right.

Under Section 171(3) BNS, what has to be shown before someone can be accused of undue influence at an election?▼

It must be shown that the person voluntarily interfered or attempted to interfere with the free exercise of an electoral right. The section also treats threats of injury, or inducing fear of Divine displeasure or spiritual censure, as interference. But a legal act done without intent to interfere is excluded by Section 171(3) BNS.

Is every kind of pressure during an election illegal under Section 171 BNS?▼

No. The section targets interference with the free exercise of an electoral right, including threats and certain religious or spiritual pressure. But it clearly excludes public policy statements, promises of public action, and the mere exercise of a legal right when there is no intent to interfere. Punishment is not stated in the text you shared.

Section 171 BNS: Sub-sections Explained

Section 171(1) BNS: Undue influence at elections

▶

Bare Act Text

(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.

Explained in Simple Words

Section 171 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with undue influence at elections. It covers any act that interferes with a voter’s free choice by using force, threats, intimidation, or any other form of pressure. The law also treats attempts to create fear or prevent a person from exercising their voting rights freely as a punishable act. This section can apply to candidates, supporters, political workers, or any other person who tries to influence the voting process in an improper way.

In practice, it protects the secrecy and freedom of the ballot. If someone threatens a voter, blocks access to a polling station, or uses coercion to affect how a person votes, the conduct may attract this provision. It matters because free elections depend on voters making choices without fear or pressure.

Key Ingredients

  • 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

Punishment

🔒 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.

💰 None of its own. Section 174 BNS allows fine instead of imprisonment, or together with it.

Section 171 BNS defines the offence of undue influence at an election and sets no punishment, bail position, or trial court of its own. Section 174 BNS punishes undue influence at an election with imprisonment of either description for up to one year, or fine, or both.

Real-World Example

Ravi works for a candidate in a ward election. He tells a voter that she will be harmed if she votes for the other candidate. By threatening a voter with injury, Ravi is deemed to interfere with the free exercise of her electoral right and so commits undue influence at an election under Section 171 BNS. The section supplies the definition. The punishment comes from Section 174 BNS.

When This Does Not Apply

  • The act is a declaration of public policy or a promise of public action
  • The act is the mere exercise of a legal right without intent to interfere with an electoral right
  • There was no voluntary interference, or attempt to interfere, with the free exercise of an electoral right
  • The question is what punishment applies, since this section sets none and Section 174 BNS does

Previous Law

IPC 171C → Section 171(1) BNS

Section 171(1)C IPC is now Section 171(1) BNS, with the same title and the same words. The punishment is now in Section 174 BNS, as it was in Section 171(1)F IPC.

Section 171(2) BNS: Undue influence at elections

▶

Bare Act Text

(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).

Explained in Simple Words

Section 171(2) of the Bharatiya Nyaya Sanhita (BNS) specifies conduct that is deemed to interfere with the free exercise of an electoral right under Section 171(1) BNS. It applies to any person who uses threats of injury or spiritual pressure against a candidate or voter, including where the threat or pressure targets another person in whom that candidate or voter is interested.

The sub-section covers two situations. Under clause (a), a person is deemed to interfere with an electoral right by threatening a candidate, a voter, or a person in whom they are interested with injury of any kind. Under clause (b), interference is deemed to occur when a person induces or attempts to induce a candidate or voter to believe that they, or someone they are interested in, will become an object of Divine displeasure or spiritual censure.

This sub-section is a definitional deeming rule and prescribes no punishment itself. Because it applies without prejudice to the generality of Section 171(1) BNS, other forms of voluntary interference are still covered, while public policy declarations, promises of public action, and exercising a legal right without intent to interfere remain excluded under Section 171(3) BNS.

Key Ingredients

  • There is voluntary interference or an attempt to interfere with the free exercise of an electoral right
  • The act is directed at a candidate or voter, or a person in whom that candidate or voter is interested
  • The interference is by threatening injury of any kind
  • Or by inducing or attempting to induce belief in Divine displeasure or spiritual censure

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

Section 171(2) BNS defines when threats of injury or inducing belief in Divine displeasure or spiritual censure are deemed to interfere with an electoral right, and it prescribes no punishment itself.

Real-World Example

Outside a polling booth in a village on the outskirts of Pune, Karthik tells Lakshmi that if she votes for Devendra’s rival, his group will beat her brother and stop her family from drawing water from the common borewell. He also says that voting against Devendra will bring the local deity’s curse on her household. Lakshmi becomes frightened and feels pressured about how to vote. This is undue influence at an election because Karthik threatens injury and tries to create fear of Divine displeasure to interfere with Lakshmi’s free exercise of her electoral right.

When This Does Not Apply

  • A party worker publicly announces a policy promise, like free bus travel or better water supply, without threatening or pressuring any voter
  • A candidate lawfully campaigns, asks people to vote for him, and criticises an opponent, without intent to interfere with anyone's electoral right
  • A person merely exercises a legal right, without intent to interfere with an electoral right
  • A religious leader gives a general moral sermon not aimed at inducing any candidate or voter to believe they will face Divine displeasure for voting in a particular way

Previous Law

IPC 171C(2) → Section 171(2) BNS

No material change is visible in this part. Section 171(2) BNS keeps the same rule as Section 171(2)C(2) IPC: threatening a candidate or voter or a person they are interested in with injury, or inducing fear of Divine displeasure or spiritual censure, is treated as interference with the free exercise of electoral rights. The wording is substantially the same, with only minor drafting and renumbering changes.

Section 171(3) BNS: Undue influence at elections

▶

Bare Act Text

(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.

Explained in Simple Words

Section 171(3) of the Bharatiya Nyaya Sanhita (BNS) carves out an exception to the offence of undue influence at an election by stating what conduct is not treated as interference with an electoral right. It applies to candidates, supporters, and any other persons who take part in lawful public or electoral activity without intending to interfere with anyone's electoral right.

Under this sub-section, three kinds of conduct are not deemed to be interference within the meaning of Section 171 BNS: a declaration of public policy, a promise of public action, or the mere exercise of a legal right, provided the act is done without intent to interfere with an electoral right. Because this sub-section is an exclusionary rule that clarifies the boundaries of the offence, it prescribes no punishment itself.

The key condition a reader needs to note is the absence of intent to interfere with an electoral right. Ordinary election manifestos, policy announcements, and lawful campaigning are protected, whereas threatening a voter or candidate with injury or inducing fear of Divine displeasure or spiritual censure under Section 171(2) BNS remains unlawful interference.

Key Ingredients

  • The conduct in question is a declaration of public policy
  • Or the conduct is a promise of public action
  • Or the conduct is the mere exercise of a legal right
  • The conduct is done without intent to interfere with an electoral right

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

Section 171(3) BNS excludes declarations of public policy, promises of public action, and the mere exercise of a legal right without intent to interfere with an electoral right from being treated as undue influence, and it prescribes no punishment.

Real-World Example

A few days before the municipal election on the outskirts of Jodhpur, Naveen, an independent candidate, holds a ward meeting where he announces his public policy and promises better water supply and road repairs if elected. Anil, a supporter, lawfully exercises his legal right to campaign for Naveen without threatening anyone or intending to interfere with any voter’s free choice. Under Section 171(3) BNS, such a declaration of public policy, promise of public action, or mere exercise of a legal right without intent to interfere with an electoral right is not deemed to be interference under Section 171 BNS.

When This Does Not Apply

  • A party leader publicly announces a policy promise, like free bus travel or better water supply, without intent to interfere with any person's electoral right
  • A citizen lawfully campaigns for a candidate and asks neighbours to vote for that candidate, without threats or spiritual pressure
  • A person merely exercises a legal right, without intent to interfere with an electoral right
  • A public speech declaring general public policy, by itself, without threatening any candidate or voter or invoking Divine displeasure

Previous Law

IPC 171C(3) → Section 171(3) BNS

No material change appears in this part. Section 171(3)C(3) IPC and Section 171(3) BNS say the same thing in substance: 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 treated as interference under this section. The BNS text shown has a small wording difference, reading "exercise or a legal right," which appears to be a drafting variation and does not change the meaning.

Have questions about Section 171 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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 ·