IPC 171A: Definition of “Candidate” and “Electoral Right”
This section defines “candidate” and “electoral right” for the purposes of electoral offenses under the Indian Penal Code.
1. Code:
Section 171A of the Indian Penal Code (IPC)
171A. “Candidate” and “Electoral Right” defined. — In this Chapter,—
(a) “Candidate” means a person who has been nominated as a candidate for election to any legislative body in India or for election as President or Vice-President of India or for election to any office under a local authority or for election to any office in any corporation or other body constituted by or under any law for the time being in force, whether such nomination has been accepted or rejected or whether the person so nominated has been elected or not;
(b) “Electoral right” includes the right to stand for election, the right to vote, and the right to be elected.
2. Explanation:
(a) “Candidate”:
- The definition broadly covers anyone nominated for any election in India, regardless of the outcome of the nomination or election.
- This includes candidates for Parliament, State Legislative Assemblies, President, Vice-President, local bodies, corporations, etc.
(b) “Electoral right”:
- This encompasses the fundamental rights related to the electoral process.
- It covers the right to contest elections, the right to cast a vote, and the right to be elected.
3. Illustration:
Suppose a person named Ram is nominated for the Lok Sabha elections. Even if his nomination is rejected, he is still considered a “candidate” under IPC 171A. Similarly, a person who casts a vote in the election exercises their “electoral right”.
4. Common Questions and Answers:
Q: What is the significance of defining “candidate” and “electoral right”?
A: This definition is crucial because several offenses related to elections, such as bribery, undue influence, and impersonation, are defined in the Indian Penal Code. By defining “candidate” and “electoral right,” Section 171A provides a clear framework for understanding and prosecuting such offenses.
Q: Does the definition of “candidate” include someone who is simply aspiring to contest elections but has not yet filed nominations?
A: No, the definition only applies to individuals who have been formally nominated.
Q: Are the “electoral rights” mentioned in Section 171A absolute?
A: No, these rights are subject to reasonable restrictions under the law, such as those imposed by the Election Commission of India.
