Punishment for undue influence or personation at an election
Section 174 of the Bharatiya Nyaya Sanhita, 2023 deals with punishment for undue influence or personation at an election. Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both. The Act came into force on 01 Jul 2024.
Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.
Section 174, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 171F Punishment for undue influence or personation at an election 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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Undue influence or personation at an election. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
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.
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Umar Ansari vs State of Uttar Pradesh
Decided under Indian Penal Code 171F, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Criminal antecedents of an accused are a relevant consideration in bail matters but are not an absolute bar to granting anticipatory bail. Where co-accused persons have been granted bail and the core attribution of criminal conduct is disputed to be a matter of trial, bail may be granted with appropriate conditions ensuring trial participation and court appearance, provided the court is satisfied that the case has factual and legal merit for such grant.
On this section: Alleged election code violation related to speech during election time; cited as basis for FIR registration
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 174
What have the courts held on Section 174 of the Bharatiya Nyaya Sanhita?
Umar Ansari vs State of Uttar Pradesh (06 May 2024) is the leading judgment on this section among those set out below, though it was decided under IPC 171F, which this section replaced -- the court never mentioned this Act: Alleged election code violation related to speech during election time; cited as basis for FIR registration.
Is Section 174 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 174 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 174 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 174, section 174 BNS, section 174 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 174 4 in hindi and bns 174 2 in hindi. 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 Umar Ansari vs State of Uttar Pradesh (06 May 2024).
What should I read with Section 174 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 171F (Punishment for undue influence or personation at an election), so the judgments decided under that provision are the case law on this one.
When did Section 174 of the Bharatiya Nyaya Sanhita come into force?
Section 174 of the Bharatiya Nyaya Sanhita, cited as BNS 174, 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.
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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.