Undue influence at elections
AI Assist
Summary
Voluntarily interfering with a candidate or voter so they cannot freely exercise their electoral right is an offence. Threats of injury, or trying to make someone believe they or their close ones will suffer divine displeasure or spiritual censure, count as undue influence. Mere statements of public policy, promises of public action, or lawful acts done without intent to affect voting are not offences.
Example
Priya tells Meera at a community meeting that Meera will be punished by God if she votes for the rival, and presses her to vote otherwise. That pressure, aimed at making Meera fear divine displeasure, is undue influence and a punishable offence under this provision.
Bare Act
Enacted text(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,
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(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind; or
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(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.
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