Section 171A IPC: “Candidate”, “Electoral right” defined
Indian Penal Code, 1860
Section 171A IPC at a Glance
Section 171A IPC defines “Candidate”, “Electoral right”. From 1 July 2024 it is replaced by Section 169 BNS.
None of its own. This section only defines two expressions.
Section 171A IPC Bare Act Text
171A. “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 171A, Indian Penal Code, 1860
Section 171A IPC in Simple Words
Section 171A of the Indian Penal Code (IPC) defines two expressions used in this Chapter. A candidate is a person who has been nominated as a candidate at any election.
An electoral right is 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. The section sets no punishment of its own and has no entry in the First Schedule to the Code of Criminal Procedure.
Ingredients of Section 171A IPC
- The meanings apply for the purposes of this Chapter
- A candidate is a person who has been nominated as a candidate at any election
- An electoral right is the right of a person to stand, or not to stand as, or to withdraw from being, a candidate
- An electoral right is also the right of a person to vote or refrain from voting at an election
Punishment Under Section 171A IPC
None of its own. This section only defines two expressions.
None of its own. Any fine is set by the section that creates the offence.
Section 171A IPC has no entry in the First Schedule to the Code of Criminal Procedure. It creates no offence, so it carries no punishment, no bail position and no trial court of its own.
Example of Section 171A IPC
When Section 171A IPC Does Not Apply
- A person has merely expressed an interest in contesting an election but has not been nominated as a candidate at any election.
- The right claimed is an ordinary property or contractual right rather than the right to stand, not to stand, or withdraw as a candidate, or to vote or refrain from voting at an election.
- The issue is whether giving or accepting a gratification amounts to the offence of bribery, which is governed by Section 171B IPC.
- A court is determining the sentence for an election offence, as Section 171A IPC only defines terms and prescribes no punishment.
Section 171A IPC in the BNS
Section 171A IPC is now covered under Section 169 BNS.
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 detailed comparison (IPC 171A vs BNS 169) →FAQs on Section 171A IPC
What does Section 171A IPC provide?▼
It defines two expressions for the purposes of the Chapter on offences relating to elections. These are candidate and electoral right.
Who is a candidate under Section 171A IPC?▼
A person who has been nominated as a candidate at any election.
What is an electoral right under Section 171A IPC?▼
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.
Is there a punishment under Section 171A IPC?▼
No. The section only defines terms and creates no offence.
Is Section 171A IPC bailable or cognizable?▼
It has no entry in the First Schedule to the Code of Criminal Procedure, so it carries no bail or cognizance classification of its own.
Where is Section 171A IPC in the Bharatiya Nyaya Sanhita?▼
In Section 169 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·