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Section171
The Bharatiya Nyaya Sanhita, 2023

Undue influence at elections

In force From 01 Jul 2024 Act 45 of 2023 As on 15 Oct 2026

Act 45 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 171 of the Bharatiya Nyaya Sanhita, 2023 deals with undue influence at elections. Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. The Act came into force on 01 Jul 2024.

(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.

Section 171, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Replaces a provision of the Indian Penal Code

IPC 171C Undue influence at elections Text carried over almost unchanged 100%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Krishnamoorthy vs Sivakumar

    Supreme Court of India 21 Jan 2015 Binding (SC) Reportable (2015) 1 SCC 1

    Decided under Indian Penal Code 171C, which this section replaces. The court did not have this Act before it.

    Court's Decision & Legal Precedent

    Non-disclosure of pending criminal cases involving heinous or serious offences, corruption, or moral turpitude by a candidate in the affidavit filed with nomination papers constitutes undue influence and corrupt practice under Section 123(2) of the Representation of People's Act, 1951, as it directly interferes with the free exercise of electoral right by depriving voters of their fundamental right to know the criminal antecedents of candidates, thereby preventing them from making informed and advised electoral choices. Once such non-disclosure is established in an election petition, the election must be declared null and void under Section 100(1)(b) of the RP Act without requiring proof that the result was materially affected.

    On this section: Undue influence at elections, parallel provision to Section 123(2) RP Act

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 171

What have the courts held on Section 171 of the Bharatiya Nyaya Sanhita?

Krishnamoorthy vs Sivakumar (21 Jan 2015) is the leading judgment on this section among those set out below, though it was decided under IPC 171C, which this section replaced -- the court never mentioned this Act: Undue influence at elections, parallel provision to Section 123(2) RP Act.

How do I find court cases under Section 171 of the Bharatiya Nyaya Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 171, section 171 BNS, section 171 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 171 1 and bns 171 2. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Krishnamoorthy vs Sivakumar (21 Jan 2015).

What should I read with Section 171 of the Bharatiya Nyaya Sanhita, and has it changed?

It carries forward IPC 171C (Undue influence at elections), so the judgments decided under that provision are the case law on this one.

When did Section 171 of the Bharatiya Nyaya Sanhita come into force?

Section 171 of the Bharatiya Nyaya Sanhita, cited as BNS 171, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.