Code: Section 169 BNS
For the purposes of this Chapter—
(a) “candidate” means a person who has been nominated as a candidate at any
election;
(b) “electoral right” means 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.
Explanation of Section 169 BNS
1. Purpose of Section 169 BNS
This section provides clear definitions for two crucial terms used in election-related laws:
- Candidate: A person officially nominated to contest an election.
- Electoral Right: The fundamental right of a person to:
- Stand or not stand in an election.
- Withdraw from the election.
- Vote or refrain from voting.
2. Importance of This Definition
- Ensures legal clarity in election-related offenses.
- Protects democratic rights by preventing coercion or undue influence.
- Guides legal proceedings related to election disputes.
Illustration
Example 1: A Person Withdraws from Elections
Ajay, a political leader, files his nomination for an election but later decides to withdraw voluntarily. Since withdrawal is part of his electoral right, he cannot be forced to contest.
Example 2: Coercion to Vote
A political worker threatens a voter to cast their vote for a particular candidate. This violates the voter’s electoral right and can lead to legal consequences.
Common Questions and Answers on Section 169 BNS
1. What does ‘candidate’ mean under Section 169 BNS?
A candidate is any individual officially nominated to contest in an election.
2. What is ‘electoral right’ as per Section 169 BNS?
Electoral right includes the freedom to:
- Contest an election.
- Withdraw from the election.
- Vote or choose not to vote.
3. Is forcing someone to vote illegal?
Yes, coercing someone to vote for a specific candidate or forcing them to abstain is a violation of their electoral right.
4. Can a candidate withdraw after filing a nomination?
Yes, a candidate has the right to withdraw before the deadline specified by election laws.
5. What happens if someone is denied their electoral rights?
If a person is prevented from voting or forced to withdraw their nomination, they can file a legal complaint.
Conclusion
Section 169 BNS establishes a clear legal framework for defining candidates and electoral rights. By protecting individual voting rights, this provision ensures free and fair elections in India.
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