Indian criminal law | Election offences | Updated 29 October 2026
IPC Section 171G and BNS Section 175: False Statement in Connection with an Election
Section 171G of the Indian Penal Code, 1860 addressed knowingly false statements of fact about an election candidate's personal character or conduct made with intent to influence the election result. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 175.
What does IPC Section 171G mean?
Under former Section 171G IPC, a person committed the offence if, with intent to affect the result of an election, that person made or published a statement presented as a statement of fact, concerning the personal character or conduct of a candidate, while knowing or believing the statement to be false or not believing it to be true. The section provided punishment with fine.
The offence is directed at deliberate factual falsehoods about a candidate's personal character or conduct, not at every inaccurate statement, disagreement, or expression of political opinion.
Section 175 BNS: Current corresponding legal provision
Section 175 of the Bharatiya Nyaya Sanhita, 2023, titled False statement in connection with an election, carries forward the substance of former IPC Section 171G. It applies when a person makes or publishes a false statement purporting to be factual, knowing or believing it false or not believing it true, about the personal character or conduct of a candidate, with intent to affect the result of an election.
Read the official text in the Bharatiya Nyaya Sanhita, 2023 (India Code PDF).
Essential ingredients of the offence
- A statement is made or published: The accused communicates or publishes the relevant allegation.
- It purports to be a statement of fact: It asserts something factual rather than merely expressing an opinion or political preference.
- The statement is false: Its factual content is untrue.
- Knowledge or belief: The person knows or believes it to be false, or does not believe it to be true.
- Subject matter: The statement relates to a candidate's personal character or conduct.
- Election-related intent: It is made or published with intent to affect the result of an election.
Punishment under IPC 171G and BNS 175
| Provision | Offence | Statutory punishment |
|---|---|---|
| IPC Section 171G (former law) | False statement in connection with an election | Fine |
| BNS Section 175 (current law) | False statement in connection with an election | Fine |
Neither provision specifies imprisonment as its punishment for this particular offence. The amount of any fine is determined in accordance with the applicable general legal provisions and the circumstances of the case; the section itself does not prescribe a fixed fine amount.
Illustrative situations
Example 1: Knowingly fabricated allegation
A campaign worker knowingly circulates a fabricated factual allegation about a candidate's personal conduct, intending to influence voters. If all statutory ingredients are established, the conduct may fall within Section 175 BNS.
Example 2: Political criticism
A voter expresses disagreement with a candidate's policies or public proposals. Mere criticism or opinion does not, without the required false factual assertion and other ingredients, establish this offence.
Example 3: Unverified social-media claim
A person publishes an unverified factual accusation about a candidate's personal character to influence an election. Liability depends on proof of falsity, the required state of mind, and the other statutory elements; the fact that a statement appears online does not alone establish the offence.
Related election offences
Election-related wrongdoing may involve separate provisions. IPC Section 171A defined candidate and electoral right (corresponding to BNS Section 169). IPC Section 171B dealt with bribery (BNS Section 170). IPC Section 171C addressed undue influence (BNS Section 171), and IPC Section 171D addressed personation (BNS Section 172). These offences have distinct legal elements and should not be conflated with false statements under Section 175 BNS.
Case-law reference retained from the original article
Radha Krishna Ayyar (1932) 55 Mad. 791. This historical citation appeared in the original page under IPC Section 171G case laws. It is retained as a research reference; its full text, precise holding, and direct applicability to Section 171G have not been independently verified here. Consult an authoritative law report before relying on it in a pleading or legal opinion.
Frequently asked questions
What is Section 171G IPC?
It penalised knowingly false statements of fact about the personal character or conduct of an election candidate when made or published with intent to affect the election result.
Which BNS section replaces IPC Section 171G?
Section 175 of the Bharatiya Nyaya Sanhita, 2023, covers false statements in connection with an election.
What is the punishment under BNS Section 175?
The punishment is a fine. The section does not itself prescribe imprisonment.
Does every incorrect election claim constitute this offence?
No. The statutory elements include a false purported statement of fact, the required knowledge or belief, a connection to a candidate's personal character or conduct, and intent to affect the election result.
Does this provision prohibit criticism of candidates?
No. Political opinions and good-faith criticism are not automatically offences under this provision; the specific statutory elements must be established.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) - official India Code text
- Ministry of Home Affairs - New Criminal Laws
- India Code - official legislative repository
Legal information is provided for general education. Application to a particular election, alleged publication, or prosecution depends on the evidence, date of occurrence, and applicable laws.