- 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.
Simplified Explanation
Section 171C of the Indian Penal Code (IPC) addresses the offence of undue influence at elections. This section aims to preserve the free exercise of electoral rights by penalizing actions that exert undue pressure or influence over voters or candidates. Here are the main elements of this section:
- Undue Influence: This is defined as any direct or indirect interference or attempt to interfere on the part of a candidate or their agent or any other person with the free exercise of any electoral right. This includes threats, obstruction, or any form of spiritual or temporal coercion that may compel or persuade someone to vote or refrain from voting or to vote in a certain way.
- Exceptions: The provision of transport to and from polling stations or similar facilities in line with Election Commission guidelines does not fall under undue influence.
Is IPC Section 171C Bailable?
IPC Section 171C is typically bailable. Accused individuals under this section are usually allowed to be released on bail pending further trial, depending on the judge’s discretion and the case’s specific circumstances.
IPC Section 171C Punishment
The punishment for committing undue influence at an election under IPC Section 171C includes imprisonment of either description for a term which may extend to one year, with a fine, or with both.
Example of IPC Section 171C
A real-life example of IPC Section 171C could involve a local leader threatening village residents with social ostracism or spiritual consequences if they do not vote for a particular candidate. Such actions would be classified as undue influence, as they interfere with the free exercise of electoral rights. These cases have been observed in various regions, especially in local elections where community and social pressures can be significant.
