Legal Provisions of Section 171A of Indian Penal Code, 1860.
“Candidate”, “electoral right”, defined:
This section defines the words ‘candidate’ and ‘electoral right’. It says under clause (a) that for the purpose of this chapter ‘candidate’ means a person who has been nominated as a candidate at any election, and under clause (b) that ‘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. Clause (a) of the section has been substituted by the Election Laws (Amendment) Act, 1975. The word ‘election’ used under this chapter has the same meaning as given under the third explanation to section 21 of the Code according to which it denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election. Since a right is an authority under law, it has all along been understood in both positive and negative senses. The same concept has been kept in view while defining ‘electoral right’ as meaning right to stand, or not to stand, or withdraw from being, a candidate or to vote or not to vote at an election. Section 171-A is merely a definition section.
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