False statement in connection with an election
BNS Section 175, within the Bharatiya Nyaya Sanhita, addresses false statements in connection with an election.
Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.
Key Points:
Offence Described:
The section criminalizes the act of making or publishing false statements about the personal character or conduct of a candidate in an election.
The false statement must be made with the intent to affect the result of the election.
False Statement:
A statement purporting to be a statement of fact, but:
Known or believed to be false by the person making it, or
A statement which the person does not believe to be true.
Scope of the False Statement:
The false statement must be related to the personal character or conduct of a candidate in the election.
This includes allegations or misrepresentations about the candidate’s behavior, integrity, or other aspects that could negatively impact their reputation.
Punishment:
The punishment for this offence is a fine.
There is no specific mention of imprisonment under this section, making financial penalty the primary form of punishment.
Offence : False statement in connection with an election.
Punishment : Fine.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Magistrate of the first class.
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