Section 171: Candidate, Electoral Right Defined

Bharatiya Nyaya Sanhita • Chapter VIII: Of Offences Relating to Elections • Official Statutory Text & Legal Guide

Chapter VIII: Of Offences Relating to Elections
Magistrate 1st Class
Non-Applicable
Non-Applicable
Formerly Sec 171A IPC

Legal Commentary & Landmark Judgments: Section 171

Section 171 provides the foundational statutory definitions of 'Candidate' and 'Electoral Right' for electoral offences under Chapter IX of the Sanhita, establishing the boundaries of democratic electoral integrity.

  • Candidate Definition: A person who has been nominated as a candidate at any election.
  • Electoral Right Scope: The right of a person to stand, or not to stand as, or to withdraw from being, a candidate, or to vote or refrain from voting at an election.
  • Electoral Offence Anchor: Constitutes the operational baseline for prosecuting bribery, undue influence, and voter suppression during democratic polls (formerly Section 171A IPC).
Key Landmark Precedents:
  • Raj Krushna Bose v. Binod Kanungo (AIR 1954 SC 202): The Supreme Court examined the sanctity of electoral rights, holding that the statutory definitions under penal and election laws protect the free exercise of democratic franchise.
  • Mohan Rawale v. Shivaji Rao Dhangade (1994) 2 SCC 392: Affirmed that corrupt electoral practices must strictly satisfy statutory ingredients to invalidate elections.
Courtroom Practice & Strategic Litigation Guidance:

In election petitions and criminal complaints alleging vote buying or candidate intimidation, verify candidate status under Section 171 BNS: the protections and liabilities attach the moment formal nomination papers are accepted by the Returning Officer.