IPC 171C: Undue Influence at Elections in India
1. The Code
Section 171C of the Indian Penal Code (IPC) deals with the offence of “undue influence” at elections. It states:
“Whoever, at an election, corruptly influences or attempts to influence any elector, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
2. Explanation
Undue influence refers to any act, omission, or threat that compels an elector to vote for a particular candidate or party against their free will. This can include:
- Bribery or offering any material benefit
- Intimidation or threats of harm
- Coercion or pressure from a person in authority
- Exploiting someone’s vulnerability or dependence
The key element of this offence is the corrupt intent to influence the elector’s decision, not necessarily the success of the influence itself.
3. Illustration
Imagine a candidate offering free medical services to voters in a particular area in exchange for their vote. This act would be considered undue influence as it attempts to buy votes with material benefits. Similarly, a person threatening a voter with job loss if they don’t vote for a specific candidate would also be committing an offence under Section 171C.
4. Common Questions and Answers
Q: What is the difference between bribery and undue influence?
A: Bribery involves directly offering something of value to an elector in exchange for their vote. Undue influence covers a broader range of actions, including intimidation, coercion, and exploiting vulnerabilities.
Q: Can someone be prosecuted under Section 171C for simply asking someone to vote for a specific candidate?
A: Simply asking someone to vote for a candidate is not an offence. However, if the request is accompanied by threats, coercion, or any other act that influences the voter’s free will, it may constitute undue influence.
Q: Who can be prosecuted under Section 171C?
A: Both the candidate and the person who influences the voter on their behalf can be prosecuted under this section.
