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BNS, 2023
Start Practicing
BNSChapter IXSection 175
Section175

False statement in connection with an election

AI Assist

Summary

Making or publishing a false statement of fact about a candidate's personal character or conduct with the intent to affect an election result is an offence. It covers statements the speaker knows are false, believes to be false, or does not believe to be true. Punishment is a fine; the offence is non-cognizable, bailable, and triable by a Magistrate of the first class.

Example

Rohan distributes flyers claiming Priya embezzled funds at her previous job, knowing the claim is false, to reduce her votes. He can be fined under this rule; the offence is non-cognizable, bail is available, and the case will be tried by a Magistrate of the first class.

Bare Act

Enacted text

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.

BNSS Classification

  • Fine.
  • Non-cognizable
  • Bailable
  • Triable by Magistrate of the first class.
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IX

Chapter IX

Of Offences Relating To Elections

In this chapter

  • 169Candidate, electoral right defined
  • 170Bribery
  • 171Undue influence at elections
  • 172Personation at elections
  • 173Punishment for bribery
  • 174Punishment for undue influence or personation at an election
  • 175False statement in connection with an election
  • 176Illegal payments in connection with an election
  • 177Failure to keep election accounts
Previous · Section 174Punishment for undue influence or personation at an electionNext · Section 176Illegal payments in connection with an election