False statement in connection with an election
Section 175 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 pu The Act came into force on 01 Jul 2024.
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.
Section 175, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 171G False statement in connection with 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 The repealed enactment still governs what happened while it was in force.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.
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 |
|---|---|---|---|---|
| False statement in connection with an election. | Fine. | 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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Priyanka vs State of Haryana
Decided under Indian Penal Code 171G, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When there exists a reasonable doubt regarding the commission of forgery by the accused based on conflicting documentary evidence (such as discrepancy between Aadhaar card and birth certificate regarding date of birth), and the accused is otherwise ready to cooperate with investigation, anticipatory bail should be granted under Section 438 Cr.P.C. The doubt raised as to who actually committed the forgery is sufficient to warrant grant of bail without commenting on the merits of the case.
On this section: Illegal voting or voting by person not entitled to vote
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 175
What have the courts held on Section 175 of the Bharatiya Nyaya Sanhita?
Priyanka vs State of Haryana (06 May 2022) is the leading judgment on this section among those set out below, though it was decided under IPC 171G, which this section replaced -- the court never mentioned this Act: Illegal voting or voting by person not entitled to vote.
Is Section 175 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 175 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 175 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 175, section 175 BNS, section 175 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 175(3) and bns 175(4). 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 Priyanka vs State of Haryana (06 May 2022).
What should I read with Section 175 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 171G (False statement in connection with an election), so the judgments decided under that provision are the case law on this one.
When did Section 175 of the Bharatiya Nyaya Sanhita come into force?
Section 175 of the Bharatiya Nyaya Sanhita, cited as BNS 175, 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
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
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.