Section 174 BNS: Punishment for undue influence or personation at an election
Bharatiya Nyaya Sanhita, 2023
Section 174 BNS at a Glance
Section 174 BNS deals with punishment for undue influence or personation at an election. It is bailable, triable by Magistrate of the first class; it replaced Section 171F IPC on 1 July 2024.
Imprisonment of either description for up to one year.
Section 174 BNS Bare Act Text
174. Punishment for undue influence or personation at an election
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.
Source: Section 174, Bharatiya Nyaya Sanhita, 2023
Section 174 BNS in Simple Words
Section 174 of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for committing the offence of undue influence or the offence of personation at an election. Undue influence at elections, defined in Section 171 BNS, involves interfering with the free exercise of an electoral right, while personation at elections, defined in Section 172 BNS, involves applying for a voting paper or voting in another person's name, in a fictitious name, or more than once in the same election.
Under Section 174 BNS, a person who commits either offence shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. This section applies to candidates, campaign workers, voters, polling agents, or any other person who commits undue influence or personation.
In practice, this provision is used when there are complaints of bogus voting, impersonation of voters, or improper pressure on electors, ensuring that both forms of interference with free and fair elections carry up to one year of imprisonment, fine, or both.
Ingredients of Section 174 BNS
- An election
- The offence of undue influence or the offence of personation at that election by the accused
Punishment Under Section 174 BNS
Imprisonment of either description for up to one year.
The offender may be punished with fine alone or with both imprisonment and fine.
Undue influence or personation at an election carries imprisonment for up to one year, or fine, or both.
Example of Section 174 BNS
When Section 174 BNS Does Not Apply
- The act is neither undue influence at an election nor personation at an election
- The act is bribery, which is punished under Section 173 BNS
Section 174 BNS in the IPC (Previous Law)
Section 174 BNS replaces Section 171F IPC from the old criminal code.
Section 171F IPC is now Section 174 BNS, with the same title, the same words and the same punishment.
View IPC Section 171F →FAQs on Section 174 BNS
Under Section 174 BNS, what is personation at an election?▼
Personation means pretending to be another voter, or voting in someone else's name, or in a fictitious name, or applying to vote again after already voting once at the same election. It also covers abetting or procuring such voting.
Does Section 174 BNS apply only to candidates?▼
No. It can apply to any person who commits undue influence or personation at an election. Candidates, party workers, and voters can all face punishment if they commit either offence.
What punishment can be given under Section 174 BNS?▼
The punishment is imprisonment of either description for up to one year, or fine, or both. The court decides the sentence based on the facts and seriousness of the conduct.
Where are undue influence and personation defined, if Section 174 BNS only punishes them?▼
Undue influence at elections is defined in Section 171 BNS, and personation at elections is defined in Section 172 BNS. Section 174 BNS sets the punishment for both offences.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·