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Section 174: Undue Influence or Personation at an Election

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
Bailable
Non-Cognizable
Formerly Sec 171F IPC
Section 173 All 358 Sections of Bharatiya Nyaya Sanhita Section 175

Legal Commentary & Landmark Judgments: Section 174

Section 174 penalizes Undue Influence and Personation at an election, criminalizing voluntary interference with the free exercise of any electoral right, and impersonating voters at polling booths, prescribing imprisonment up to one year, or fine, or both.

  • Undue Influence Defined: Voluntarily interfering or attempting to interfere with the free exercise of any electoral right (e.g. threats of injury, social excommunication, spiritual censure).
  • Voter Personation: Applying for a voting paper or voting in the name of any other person, living, dead, or fictitious.
  • Booth Capturing & Intimidation: Primary penal weapon against polling booth capturing, phantom voting, and voter intimidation (formerly Sections 171C, 171D, and 171F IPC).
Key Landmark Precedents:
  • Kanhiya Lal Omar v. R.K. Trivedi (1985) 4 SCC 628: The Supreme Court held that undue influence under Section 171C IPC (Section 174 BNS) invalidates democratic elections; threatening voters with divine displeasure or physical harm destroys electoral freedom.
  • Baburao Patel v. Zakir Hussain (AIR 1968 SC 904): Affirmed that undue influence requires showing tyrannical pressure overawing the free will of voters.
Courtroom Practice & Strategic Litigation Guidance:

In election disputes where religious leaders or local goons threaten voters with social boycotts or physical harm if they vote for a particular party, file an FIR under Section 174 BNS: proving intimidation of voters secures conviction.

Section 173 All 358 Sections of Bharatiya Nyaya Sanhita Section 175