For the purposes of this Chapter:
- “candidate” means a person who has been nominated as a candidate at any election;
- “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.
Simplified Explanation
Section 171A of the Indian Penal Code (IPC) deals with the definition of “candidate” and “electoral right” in the context of elections. It’s essential to understand the terminologies used in the subsequent sections of the IPC that pertain to election-related offences. Here’s what this section specifies:
- Candidate: According to IPC Section 171A, a candidate is a person who has been duly nominated as a candidate at any election. Importantly, this definition encompasses the period before and after the nomination is filed, extending up to the date of declaration of the election results.
- Electoral Right: This term refers to the right of a person to stand or not to stand as, or to withdraw from being, a candidate in an election.
Is IPC Section 171A Bailable?
IPC Section 171A, in and of itself, does not prescribe a specific offence or Punishment. Instead, it defines terms used in other sections that describe offences. Therefore, the bailability of Section 171A is contingent upon the specific offence under other sections of the IPC that reference these definitions.
IPC Section 171A Punishment
Since Section 171A is definitional and does not directly outline an offence or Punishment, there are no penalties associated with it. The Punishment for election-related offences that utilize the definitions in Section 171A can be found in subsequent sections like 171B, 171C, etc.
Example of IPC Section 171A
While there are no direct real-life examples of prosecutions under Section 171A, its significance in legal cases concerning election fraud or malpractices cannot be overstated. The definitions of “candidate” and “electoral right” in this section are pivotal in interpreting the charges and the applicability of other sections. For instance, a person claiming to be a candidate when they have not filed the necessary nomination papers would not meet the definition under 171A, significantly impacting the legal proceedings in election-related cases.
