Undue influence at elections
AI Assist
Summary
Voluntarily interfering with or attempting to interfere with a candidate or voter’s free exercise of electoral rights is an offence. Threatening a candidate or voter, inducing fear of physical harm, or making someone believe they or a person they care about will suffer Divine displeasure or spiritual censure to influence their vote are examples. Mere policy statements, promises of public action, or lawful acts without intent to interfere are not undue influence.
Example
Ravi tells his neighbour that if she does not vote for the candidate he supports she will be cursed and shunned by the community. Creating fear of Divine displeasure to make her vote a certain way is undue influence and would be an offence.
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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