IPC Section 171C — Undue influence at elections

offences relating to elections

Criminal

Summary

This section makes it a crime to use undue influence in an election. Undue influence means voluntarily interfering or trying to interfere with someone’s free exercise of their electoral right. Examples of such interference include threatening a candidate or voter, or someone close to them, with any kind of harm, or making a candidate or voter believe that they or someone close to them will face divine displeasure or spiritual punishment. However, simply stating a public policy, promising a public action, or exercising a legal right without intending to interfere with an electoral right is not considered interference under this section.

Official Text

Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.
Without prejudice to the generality of the provisions of sub-section (1), whoever
threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or
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).
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.

Related Judgments

  • both Was/Petitioner vs 1.The Chief Electoral Officer, — Madras High Court (2018)
  • B.P. DIXIT v. RAJEEV GANDHI 825 — Supreme Court of India (1986)
  • CHARAN LAL v. ZAIL SINGH — Supreme Court of India (1984)
  • SHRI BABURAO PATEL & ORS v. DR. ZAKIR HUSAIN & — Supreme Court of India (1968)
  • SMT. INDIRA NEHRU GANDHI v. SHRI RAJ NARAIN — Supreme Court of India (1976)
  • KRISHNAMOORTHY v. SIVAKUMAR & ORS. 989 — Supreme Court of India (2015)
  • MITHILESH KUMAR ,A v. SRI R. VENKATARAMAN & ORS. OCTOBER 16, 1987 — Supreme Court of India (1988)
  • D.P.O. P.V.T. PHILIP v. P.N.REDDY — Supreme Court of India (S)

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