Section 171C IPC: Undue influence at elections

Indian Penal Code, 1860

Section 171C IPC at a Glance

Section 171C IPC deals with undue influence at elections. From 1 July 2024 it is replaced by Section 171 BNS.

Punishment

None of its own. This section only defines undue influence at an election. Section 171F IPC provides imprisonment of either description for up to one year.

BNS Equivalent

Section 171 →

Section 171C IPC Bare Act Text

171C. Undue influence at elections

(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 171C, Indian Penal Code, 1860

Section 171C IPC in Simple Words

Section 171C of the Indian Penal Code (IPC) defines undue influence at an election. Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits that offence. A threat of injury of any kind to a candidate or voter, or to a person in whom the candidate or voter is interested, is deemed to be such interference.

So is inducing or attempting to induce a candidate or voter to believe that he or any person in whom he is interested will become an object of Divine displeasure or of spiritual censure. 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 interference. The section sets no punishment of its own and has no entry in the First Schedule to the Code of Criminal Procedure.

The punishment is in Section 171F IPC.

Ingredients of Section 171C IPC

  • The accused voluntarily interfered, or attempted to interfere, with the free exercise of an electoral right
  • The interference may be a threat of injury of any kind to a candidate or voter, or to a person in whom the candidate or voter is interested
  • The interference may be inducing, or attempting to induce, a candidate or voter to believe that he or a person in whom he is interested will become an object of Divine displeasure or of spiritual censure
  • 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 interference

Punishment Under Section 171C IPC

Imprisonment

None of its own. This section only defines undue influence at an election. Section 171F IPC provides imprisonment of either description for up to one year.

Fine

None of its own. Section 171F IPC allows fine instead of imprisonment, or together with it.

Section 171C IPC has no entry in the First Schedule to the Code of Criminal Procedure. It defines the offence but sets no punishment, no bail position and no trial court of its own. Section 171F IPC punishes undue influence at an election with imprisonment of either description for up to one year, or fine, or both.

Example of Section 171C IPC

During a legislative assembly election in Varanasi in 2020, Keshav sought to stop Nirmala, a nominated candidate, from contesting the seat. Keshav threatened Nirmala with damage to her ancestral house if she did not withdraw her candidacy, and also tried to convince an elector, Gopal, that Gopal's family would suffer divine displeasure and spiritual censure if Gopal voted for Nirmala. By voluntarily interfering and attempting to interfere with the free exercise of their electoral rights through a threat of injury and an appeal to spiritual censure, Keshav commits the offence of undue influence at an election under Section 171C IPC.

When Section 171C IPC Does Not Apply

  • A speaker at an election rally merely announces a public policy or promises public action without threatening or coercing anyone.
  • A person simply exercises a lawful right of his own without any intention to interfere with another person's electoral right.
  • There is no voluntary interference or attempted interference with a candidate's or voter's free exercise of an electoral right.
  • The question is what sentence applies to undue influence at an election, which is prescribed by Section 171F IPC rather than Section 171C IPC.

Section 171C IPC in the BNS

Section 171C IPC is now covered under Section 171 BNS.

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

View detailed comparison (IPC 171C vs BNS 171) →

FAQs on Section 171C IPC

What does Section 171C IPC provide?▼

It defines undue influence at an election as voluntarily interfering, or attempting to interfere, with the free exercise of any electoral right.

What counts as interference with an electoral right under Section 171C IPC?▼

Threatening a candidate or voter, or a person in whom the candidate or voter is interested, with injury of any kind. Also inducing, or attempting to induce, a candidate or voter to believe that he or a person in whom he is interested will become an object of Divine displeasure or of spiritual censure.

What is not interference under Section 171C IPC?▼

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.

Under Section 171C IPC, what is the punishment for undue influence at an election?▼

Section 171C IPC sets none. Section 171F IPC punishes it with imprisonment of either description for up to one year, or fine, or both.

Is Section 171C 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 171C IPC in the Bharatiya Nyaya Sanhita?▼

In Section 171 BNS. The punishment is in Section 174 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·