According to section 171G of Indian penal code:- 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.
Classification Of Offence
Punishment– Fine-Non-cognizable-Bailable-Triable by Magistrate of the first class-Non-compoundable.
FAQs about Section 171G of the Indian Penal Code
Section 171G of the IPC deals with the offense of making or publishing false statements with the intent to affect the result of an election. Specifically, it refers to statements of fact related to the personal character or conduct of any candidate that are false and knowingly spread with the intention to influence the election outcome.
The objective of Section 171G is to maintain the integrity of elections and prevent the spread of false information that can influence voters’ decisions. By penalizing those who knowingly make or publish false statements about a candidate’s personal character or conduct, the law aims to ensure fair and transparent elections.
To constitute an offense under Section 171G, the following elements must be present:
Making or publishing a statement purporting to be a statement of fact.
The statement is false and is known or believed to be false by the person making or publishing it.
The statement pertains to the personal character or conduct of a candidate.
The intent behind making or publishing the false statement is to affect the election result.
The punishment for an offense under Section 171G is a fine. The court may impose a financial penalty on the individual found guilty of making or publishing false statements during an election campaign.
The offense under Section 171G is classified as non-cognizable, which means the police cannot arrest the accused without a warrant. It is bailable, which allows the accused to obtain bail as a matter of right. The trial for this offense is conducted by a Magistrate of the first class. Additionally, this offense is non-compoundable, meaning the parties involved cannot settle the matter out of court.
Read also:- IPC Section 166: Public Servant Disobeying Law, With Intent To Cause Injury To Any Person