Bharatiya Nyaya Sanhita: Section 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.

Simplified Explanation

This section addresses the offense of making or publishing false statements during an election with the intent to influence the election result.

Key Provisions

1. Offense Description:
   • Whoever makes or publishes a false statement intentionally to affect the result of an election, and the statement:
     • Purports to be a statement of fact, and
     • Relates to the personal character or conduct of any candidate, and
     • The person knows or believes the statement to be false, or does not believe it to be true,
   • Shall be punished with a fine.

Explanation of Terms

1. False Statement:
   • A false statement, as per this section, is any untrue or misleading statement of fact made in relation to the personal character or conduct of a candidate standing in the election.
   • The falsehood may relate to aspects such as the candidate’s integrity, qualifications, reputation, or any criminal activity that is untrue but could influence voters’ perceptions.
2. Intent to Affect the Election Result:
   • The person making the false statement must do so deliberately with the intent of influencing the outcome of the election. This intent links the offense to election interference.
3. Knowledge or Belief of Falsehood:
   • The person must either know or believe the statement to be false, or not believe it to be true. The provision holds individuals accountable for statements made with reckless disregard for the truth.
4. Personal Character or Conduct of a Candidate:
   • The false statement must concern the candidate’s personal character (e.g., moral standing, integrity) or their conduct (e.g., behavior or actions during the election).

Purpose and Rationale

1. Protect Electoral Integrity:
   • The primary aim of this provision is to protect the fairness of the election process by preventing the dissemination of false information that could unfairly sway voters’ opinions or damage a candidate’s reputation without cause.
2. Deterrence of False Campaigning:
   • The law seeks to deter candidates or supporters from spreading false information with the intent to discredit opponents or manipulate the public’s perception of a candidate.
3. Fairness in Elections:
   • Ensuring that candidates are not subject to baseless attacks is vital to a fair election process. False statements can unfairly tarnish a candidate’s reputation and undermine voter trust in the system.

Examples of False Statements in Elections

1. False Personal Claims:
   • Claiming a candidate has a criminal record or has been involved in illegal activities when, in fact, they have not.
2. Fabricating Information about a Candidate’s Character:
   • Spreading false rumors about a candidate’s moral integrity, such as falsely accusing them of dishonesty, bribery, or other forms of misconduct to influence voters’ decisions.
3. False Accusations to Damage Reputation:
   • Making false claims that a candidate is corrupt or has engaged in unethical conduct, knowing that these accusations are untrue, with the intent to sway public opinion.

Punishment for Offenders

• The punishment for committing the offense under this section is a fine. There is no specific term of imprisonment or higher punishment stipulated, making the penalty a financial one rather than involving custodial sentences.
• This section serves as a preventive measure against the spreading of malicious and defamatory statements aimed at manipulating elections.

Conclusion

Section 175 of the Bharatiya Nyaya Sanhita 2023 addresses the critical issue of false statements during elections. By penalizing individuals who intentionally spread false information about a candidate’s personal character or conduct, the section seeks to preserve the integrity of the electoral process. The fine serves as a deterrent against such practices, ensuring that elections remain fair and that candidates are not unjustly defamed. This provision underscores the importance of truthful campaigning and the protection of candidates from unfounded attacks that could unduly influence the electorate.