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.
Why this exists
Free and fair elections depend on people being able to contest, withdraw, vote, or abstain without being threatened, bribed, or misled. Before this chapter's offences (like bribery, undue influence, or personation at elections) can be applied, the law needs clear, fixed meanings for 'candidate' and 'electoral right' so that courts and police apply the same standard everywhere. This definition clause carries forward, almost word for word, a provision that existed in the Indian Penal Code, 1860 (introduced later by amendment) and continues under the Bharatiya Nyaya Sanhita, 2023.
How courts read it
Courts have generally read 'candidate' strictly—meaning a person only becomes a 'candidate' for the purposes of this chapter once formal nomination has taken place, not merely by announcing an intention to contest. This distinction has mattered in cases about bribery and undue influence, where the specific offence provisions sometimes separately extend protection to persons who intend to become candidates, since this definition alone would not cover them.
Common misconceptions
- Myth: Anyone who says they plan to contest an election is already a 'candidate' under this law.
Fact: Under this section, a person becomes a 'candidate' only after formal nomination, not merely by declaring an intention to run. - Myth: This section itself creates a punishable offence.
Fact: This section only defines terms; the actual offences (like bribery or undue influence) are set out in other sections of the same chapter.