Bharatiya Nyaya Sanhita, 2023 — Section 174
Punishment for Undue Influence or Personation at an Election
Section 174 punishes the offence of undue influence at an election (defined in Section 171) or the
offence of personation at an election (defined in Section 172) with imprisonment up to one year,
or fine, or both.
Please note: This page reflects our understanding of the law as of the date it was
last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret
this law, and this page may not yet reflect the most recent change. Please verify the current text
of the law independently, and consult a licensed advocate for advice on your own matter, before
relying on this page.
Corresponding Provision Under Prior Law
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan
Portal), which maps Section 174 to old IPC Section 171F, and cross-checked directly against the
bare text of both Acts.
| BNS section | IPC, 1860 equivalent | Category |
|---|
| 174 | 171F | Exact |
Comparing the two texts word for word, Section 174 is reproduced without any change from old IPC
Section 171F.
Quick Reference
Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 1 year, or fine, or both — non-cognizable, bailable, and triable by a Magistrate of the first class. Not compoundable: Section 174 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “Magistrate of the first class” does not include Executive Magistrates (Explanatory Note (2)).
Statutory Text (Verbatim)
Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
A single punishment shared by two distinct election offences
Explanation (Lexovia's Commentary)
This section provides a single, common punishment for two separately defined offences: undue
influence at an election (Section 171) and personation at an election (Section 172). Both carry
the same maximum punishment under this section, regardless of which of the two offences was
committed.
Illustration (Lexovia's Own Example)
A person who threatens a voter with injury to influence their vote (undue influence under Section
171) and a separate person who casts a vote in a dead relative's name (personation under Section
172) are both liable to the same maximum punishment under Section 174, even though they committed
two different offences.
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Related / Cross-Referenced Sections
Section 171 (Undue influence at elections), and Section 172 (Personation at elections). (Shown as
plain references for now; once the site exists these become direct links.)
FAQs
Does this section define the offences it punishes?
No. Undue influence at an election is defined in Section 171, and personation at an election
is defined in Section 172. This section only supplies their common punishment.
Is the punishment different for undue influence compared to personation?
No. Both offences carry the same maximum punishment under this section — imprisonment up
to one year, or fine, or both.
Is this offence cognizable?
No. Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, it is
non-cognizable and bailable, and triable by a Magistrate of the first class.
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