Section 175 BNS: False statement in connection with an election

Bharatiya Nyaya Sanhita, 2023

Section 175 BNS at a Glance

Section 175 BNS deals with false statement in connection with an election. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 171G IPC on 1 July 2024.

Punishment

None. Section 175 BNS provides no imprisonment.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 171G →

Section 175 BNS Bare Act Text

175. False statement in connection with an election

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.

Source: Section 175, Bharatiya Nyaya Sanhita, 2023

Section 175 BNS in Simple Words

Section 175 of the Bharatiya Nyaya Sanhita (BNS) deals with making or publishing a false statement of fact in connection with an election, with intent to affect the result of the election. It applies when a person makes or publishes a statement purporting to be a statement of fact in relation to the personal character or conduct of any candidate, knowing or believing it to be false, or not believing it to be true.

In simple terms, this section stops people from misleading voters with knowingly false factual claims about a candidate's personal character or conduct in order to affect the election result. It is not meant to punish honest opinion, political criticism, or a statement believed to be true.

In practice, this provision matters because election campaigns involve speeches, leaflets, posters, and social media posts. If false statements of fact about a candidate's personal character or conduct are published to sway the election result, the offender is punishable with fine.

Ingredients of Section 175 BNS

  • A statement of fact about the personal character or conduct of a candidate that is false
  • Knowledge or belief that it is false, or disbelief that it is true
  • Intent to affect the result of an election

Punishment Under Section 175 BNS

Imprisonment

None. Section 175 BNS provides no imprisonment.

Fine

Fine. The section fixes no amount.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

A false statement in connection with an election is punishable with fine only.

Example of Section 175 BNS

Two days before polling, Gopal prints pamphlets stating as a fact that candidate Nisha was removed from a school for stealing funds, and he circulates them in the local market to turn voters against her. No such incident took place and Gopal knows it. The statement is false, it concerns her personal character and conduct, and he published it with intent to affect the result of the election. Gopal is liable under Section 175 BNS.

When Section 175 BNS Does Not Apply

  • The statement is not a statement of fact
  • The statement is not false, or the person neither knows nor believes it to be false and does believe it to be true
  • The statement is not in relation to the personal character or conduct of a candidate
  • The statement was not made or published with intent to affect the result of an election

Section 175 BNS in the IPC (Previous Law)

Section 175 BNS replaces Section 171G IPC from the old criminal code.

Section 171G IPC is now Section 175 BNS, with the same title, the same words and the same punishment.

View IPC Section 171G →

FAQs on Section 175 BNS

What does Section 175 BNS punish?▼

It punishes making or publishing a false statement of fact in relation to the personal character or conduct of a candidate, with intent to affect the result of an election, when the person knows or believes the statement is false or does not believe it is true.

Is every wrong statement during an election an offence under Section 175 BNS?▼

No. The law targets false statements of fact about a candidate's personal character or conduct made knowingly, or without belief in their truth, to affect the election result. A genuine mistake, fair comment, or honest criticism does not attract this provision.

What is the punishment under Section 175 BNS?▼

The punishment is fine only. There is no imprisonment prescribed under this section.

Does Section 175 BNS cover statements that are not about a candidate's personal character or conduct?▼

No. Section 175 BNS applies only when the false statement of fact is in relation to the personal character or conduct of a candidate and is made or published with intent to affect the result of the election.

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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 ·