Indian criminal law | Electoral offences | Updated October 2026
IPC Section 171F and BNS Section 174: Punishment for Undue Influence or Personation at Elections
Section 171F of the Indian Penal Code, 1860 prescribed the punishment for undue influence or personation at an election. For offences governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding provision is Section 174 BNS.
Current provision: Section 174, Bharatiya Nyaya Sanhita, 2023.
Maximum punishment: Imprisonment of either description for up to one year, or fine, or both.
Related definitions: BNS Section 171 (undue influence) and Section 172 (personation).
What did IPC Section 171F provide?
IPC Section 171F punished a person who committed either undue influence at an election or personation at an election. The statutory maximum was imprisonment of either description for a term extending to one year, a fine, or both. The offence definitions appeared separately in IPC Sections 171C and 171D.
Current law: BNS Section 174
The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) came into force on 1 July 2024, replacing the IPC for offences to which the new law applies. Section 174 retains the same punishment structure for undue influence or personation at an election: imprisonment up to one year, or fine, or both.
For conduct occurring before 1 July 2024, the applicable substantive law and transitional provisions must be considered; the commencement of the BNS does not automatically reclassify every earlier act under the new section.
Meaning of undue influence at elections: BNS Section 171
Under Section 171(1) BNS, a person commits undue influence by voluntarily interfering, or attempting to interfere, with the free exercise of an electoral right.
Section 171(2) specifically covers:
- Threatening a candidate or voter, or a person in whom the candidate or voter is interested, with injury of any kind.
- Inducing or attempting to induce a candidate or voter to believe that they, or a person in whom they are interested, will suffer divine displeasure or spiritual censure.
Section 171(3) clarifies that a declaration of public policy, a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right does not, by itself, amount to undue influence.
Meaning of personation at elections: BNS Section 172
Under Section 172 BNS, personation includes applying for a voting paper or voting in another person's name, whether that person is living or dead, using a fictitious name, or applying again in one's own name after already voting in the same election. Abetting, procuring or attempting to procure voting in these ways is also covered.
Statutory exception: A person legally authorised to vote as a proxy for an elector is not guilty of personation merely by casting that authorised proxy vote, to the extent permitted by applicable law.
IPC and BNS section comparison
| Subject | Former IPC provision | Current BNS provision |
|---|---|---|
| Undue influence at elections | Section 171C | Section 171 |
| Personation at elections | Section 171D | Section 172 |
| Punishment for either offence | Section 171F | Section 174 |
| Maximum punishment | Up to one year imprisonment, fine, or both | Up to one year imprisonment, fine, or both |
Practical examples
- Threatening a voter: A person threatens physical or economic injury to force a voter to support a particular candidate. Depending on the facts, this may constitute undue influence under Section 171.
- Impersonating another voter: Someone attempts to vote using the identity of a different elector. This may constitute personation under Section 172.
- Legitimate political speech: A candidate promises a public policy programme without intending to interfere unlawfully with electoral rights. Such a promise alone is not undue influence under Section 171(3).
- Lawful proxy voting: A duly authorised proxy votes within the scope of the applicable election law. The statutory exception under Section 172 applies.
Examples are illustrative. Liability depends on the evidence, statutory ingredients and the applicable election law.
Related election law
Other electoral conduct may also be regulated by the Representation of the People Act, 1951, election rules and directions of the Election Commission of India. For example, Section 123 of the 1951 Act addresses corrupt practices for election-law purposes, which are distinct from the criminal offences and punishment discussed here. The particular election and applicable legislation determine which additional rules apply.
Frequently asked questions
Is IPC Section 171F still the current section for new offences?
No. For offences governed by the BNS after its commencement on 1 July 2024, the corresponding punishment provision is Section 174 BNS. Historical cases require consideration of the law in force when the conduct occurred.
What is the maximum sentence under BNS Section 174?
Imprisonment of either description for up to one year, or a fine, or both. The provision does not specify a fixed fine amount.
Is threatening a voter an offence?
A threat made to interfere with the free exercise of an electoral right can amount to undue influence under BNS Section 171 and attract punishment under Section 174.
Does every proxy vote constitute personation?
No. Section 172 expressly excludes voting by a proxy legally authorised under the applicable law, insofar as the proxy acts within that authorisation.
Official statutory sources
- India Code: Bharatiya Nyaya Sanhita, 2023 (official Act PDF) — see Sections 171, 172 and 174.
- Ministry of Home Affairs: New Criminal Laws.
- National Crime Records Bureau: IPC-to-BNS corresponding sections.
- India Code: Central legislation repository — search for the Representation of the People Act, 1951.
This article provides general legal information and is not a substitute for advice on particular facts or proceedings.