BNS Section 171

(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.

(2) Without prejudice to the generality of the provisions of sub-section (1), whoever

(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind; or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).

(3) A declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.

Key Points:
Undue Influence at Elections Defined:
Undue influence occurs when someone voluntarily interferes or attempts to interfere with the free exercise of electoral rights.
Electoral rights refer to the right to vote, stand for election, or otherwise participate in the electoral process without coercion, threats, or manipulation.

Interference with Electoral Rights:
Section 171(1) prohibits any direct or indirect actions that hinder a person from freely exercising their electoral rights.
Voluntary interference includes any intentional act that prevents or attempts to prevent a person from voting or acting freely in an election.

Specific Actions Constituting Undue Influence:
Threats (Section 171(2)(a)): Any person who threatens a candidate, voter, or someone associated with them (e.g., a family member or close associate) with injury of any kind (physical, financial, social harm, etc.) is guilty of undue influence.
Spiritual or Religious Coercion (Section 171(2)(b)): If a person induces or attempts to induce someone to believe that they will face Divine displeasure or spiritual punishment for voting a certain way or abstaining from voting, this is considered undue influence. The law recognizes spiritual coercion as a form of manipulation, particularly in societies where religious influence can be significant.

What is NOT Undue Influence:
Public Policy Declaration (Section 171(3)): A declaration of public policy (e.g., government programs, improvements) or promises of public action (such as infrastructure development) are not considered undue influence.
Legal Rights: The exercise of a legal right (like conducting a campaign, issuing public statements, or other legal political activities) is also not undue influence, provided there is no intent to interfere with anyone's electoral rights.

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