Undue influence at elections

What this section does

This section defines the offence of undue influence at elections as any voluntary interference with the free exercise of an electoral right. It specifically includes threatening a candidate or voter with injury, or inducing belief in divine or spiritual displeasure. Declarations of public policy, promises of public action, or lawful exercise of a legal right without intent to interfere are expressly excluded.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Ingredients (what prosecution must prove)

1. The accused voluntarily interfered or attempted to interfere with the free exercise of an electoral right
2. Such interference may take the form of threatening a candidate, voter, or person connected to them with injury of any kind, OR inducing or attempting to induce belief in divine displeasure or spiritual censure
3. The act was done with intent to interfere with the electoral right (absence of such intent, as in lawful public policy declarations, negates the offence)

Derived from IPC s.171C.