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BNS Section 169

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 169

Candidate, electoral right defined

Section 169 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with information of design to commit cognizable offenses.
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.


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Key Points:
Purpose of the Section:

This section of the BNS (Bharatiya Nyaya Sanhita) provides definitions related to elections that are used within this chapter of the law.
It clarifies the meaning of two essential terms: "candidate" and "electoral right".

Definition of Candidate (Section 169(a)):
A "candidate" is defined as a person who has been nominated to participate in an election.
This means that once a person officially becomes part of the election process by being nominated, they are considered a candidate under this law.
It applies to both local, state, and national elections, or any other officially recognized electoral process.

Definition of Electoral Right (Section 169(b)):
"Electoral right" refers to several rights a person has in relation to elections. This includes:
The right to stand as a candidate in an election.
The right to not stand as a candidate or withdraw from candidacy after being nominated.
The right to vote or to choose to abstain from voting.
Essentially, this definition captures the broad range of freedoms and rights associated with participating in the democratic electoral process, either as a voter or a candidate.




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