IPC Section 171G and BNS Section 175: False Statements in Connection with an Election
Making or publishing a knowingly false factual statement about a candidate's personal character or conduct, with the intention of affecting an election result, is an electoral offence. The current provision is Section 175 of the Bharatiya Nyaya Sanhita, 2023 (BNS), corresponding to former Section 171G of the Indian Penal Code, 1860 (IPC).
What does Section 175 BNS provide?
Section 175, titled "False statement in connection with an election", penalises a person who, intending to affect the result of an election, makes or publishes a statement presented as a fact about the personal character or conduct of a candidate where the statement is false and the person knows or believes it to be false, or does not believe it to be true.
The punishment expressly specified in Section 175 is a fine. The section does not prescribe a fixed maximum amount of fine in its own text; the amount is determined under the applicable general provisions and judicial discretion.
Essential ingredients of the offence
- Election-related intent: The statement must be made or published with the intention of affecting an election result.
- Statement presented as fact: The communication must purport to assert a factual matter, not merely express a political opinion or rhetorical criticism.
- Personal character or conduct: The allegation must concern a candidate's personal character or conduct.
- Falsity: The asserted factual statement must be false.
- Knowledge or lack of belief in truth: The maker or publisher must know or believe the assertion is false, or must not believe it to be true.
Each statutory element matters. A mistaken but genuinely believed statement is not automatically an offence under this particular provision; nor is every negative comment about a candidate.
Illustrative examples
Example 1: Knowingly fabricated personal allegation
A campaign worker deliberately circulates a fabricated allegation about a candidate's personal conduct, knowing it is untrue, to influence voters. If the statutory elements are proved, Section 175 may apply.
Example 2: Genuine policy criticism
A voter criticises a candidate's manifesto, public policy proposals, or political performance without knowingly publishing a false personal factual allegation. That criticism does not, merely for being harsh, satisfy the elements of Section 175.
Example 3: Online publication
A person posts a false factual allegation about a candidate's personal character on social media to affect voting. Publication through an online platform may satisfy the publication element; the prosecution must still prove falsity, the required mental state, and electoral intent.
IPC Section 171G compared with BNS Section 175
| Issue | IPC Section 171G | BNS Section 175 |
|---|---|---|
| Subject | False statement connected with an election | False statement connected with an election |
| Relevant statement | False factual assertion about candidate's personal character or conduct | Same essential subject matter |
| Required intent | Intention to affect election result | Intention to affect election result |
| Knowledge | Knows or believes false, or does not believe true | Same requirement |
| Punishment | Fine | Fine |
Related election-law provisions
BNS Section 169 defines "candidate" and "electoral right" for this group of election offences. BNS Section 170 addresses bribery; Section 171 undue influence; Section 172 personation; Section 173 punishment for bribery; and Section 174 punishment for undue influence or personation. Sections 176 and 177 deal with unauthorised election payments and failure to keep election accounts.
Separately, Section 123(4) of the Representation of the People Act, 1951 concerns certain false statements about a candidate's personal character or conduct as a corrupt practice in the context of election law. Its conditions, consequences and legal proceedings are distinct from a prosecution under BNS Section 175; the two should not be treated as interchangeable.
Frequently asked questions
Is every false election-related statement a criminal offence under Section 175?
No. The provision requires a false factual statement about a candidate's personal character or conduct, the specified knowledge or belief, and an intention to affect the election result.
Does Section 175 BNS provide imprisonment?
No. The punishment stated in Section 175 is a fine only. Other provisions may apply independently where their elements are established.
Can an online or social media post be covered?
Yes, a publication online can be relevant, provided all ingredients of the offence are established. Mere sharing without proof of the required mental state and intention should not automatically be equated with guilt.
Is IPC Section 171G still the provision for new offences?
For offences occurring after the BNS commencement on 1 July 2024, the corresponding provision is Section 175 BNS. The IPC provision remains relevant to historical matters where applicable.
Official legislation and further reading
- Bharatiya Nyaya Sanhita, 2023 - official BPR&D publication (PDF), see Section 175.
- India Code - central legislation repository, search for the Bharatiya Nyaya Sanhita, 2023 and the Indian Penal Code, 1860.
- Election Commission of India - election administration and guidance.
- Legislative Department, Government of India - central legislation resources.
This article explains the statutory framework for general information and is not a substitute for legal advice on specific facts. Legal position reviewed on 29 October 2026.