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IPC · Chapter IXA · Of offences relating to elections

IPC section 171A in the BNS

IPC 171ABNS 169

IPC section 171A, ““Candidate”, “Electoral right” defined”, is now BNS section 169 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 171A to BNS 169

The words are the same as in the IPC, apart from “Sanhita” for the Act’s own name and the new numbers of the sections it refers to.

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 171A “Candidate”, “Electoral right” defined

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.

Bharatiya Nyaya Sanhita, 2023

Section 169 Candidate, electoral right defined

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.

Sources

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