Section 171(C) of the Penal Code which defines the offence of undue
influence at an election as:
Undue influence at elections
171C. (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 other
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 of a legal right
without intent to interfere with an electoral right,
shall not be deemed to be interference within the
meaning of this section.”
Presidential
Petition
No.
1
of
2017
136
|
P a g e
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