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Section 175: False Statement in Connection with 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 171G IPC
Section 174 All 358 Sections of Bharatiya Nyaya Sanhita Section 176

Legal Commentary & Landmark Judgments: Section 175

Section 175 penalizes making or publishing any statement purporting to be a statement of fact which is false and which the person does not believe to be true, in relation to the personal character or conduct of any candidate, with intent to affect the result of an election, prescribing fine.

  • False Statement of Fact: Statement must relate to personal character or conduct (not political opinions), which the speaker knows to be false.
  • Electoral Damage Intent: Published with intent to affect the electoral result of that candidate.
  • Protection Against Character Assassination: Shields candidates from malicious smear campaigns, fake news, and personal slander during election cycles (formerly Section 171G IPC).
Key Landmark Precedents:
  • Mohan Rawale v. Shivaji Rao Dhangade (1994) 2 SCC 392: The Supreme Court held that Section 171G IPC (Section 175 BNS) requires proof that the statement was one of fact relating to personal character, false to the knowledge of the publisher, and made to damage the election.
  • Kalyan Kumar Gogoi v. Ashutosh Agnihotri (2011) 2 SCC 532: Affirmed that political criticism of public policies does not attract false character penalties.
Courtroom Practice & Strategic Litigation Guidance:

If an opposition candidate circulates fabricated pamphlets or deepfake videos accusing your client of murder or moral turpitude on election eve, file a complaint under Section 175 BNS alongside Section 356 (defamation): proving the falsity of the personal factual slur establishes guilt.

Section 174 All 358 Sections of Bharatiya Nyaya Sanhita Section 176