Section 170 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 169 – Definition of “Candidate” and “Electoral Right”
What the Section Says (Simplified)
Candidate:
A candidate is defined as any person who has been nominated to contest an election.
Electoral Right:
The term electoral right means the right of a person to:
stand as a candidate in an election,
choose not to stand as a candidate,
withdraw from being a candidate,
vote in an election, or
choose not to vote.
Detailed Explanation
1. Who is a Candidate?
A candidate is someone who has officially become a contestant in an election by way of nomination.
This means a person is considered a candidate only after a formal process recognizes them as such.
Before nomination, a person is not a candidate in the eyes of the law.
2. What is an Electoral Right?
Electoral right is a bundle of rights related to participation in elections.
It includes the freedom to decide whether to take part as a candidate or voter.
This means a person can exercise any of these options freely:
Stand for election: Become a candidate and seek votes.
Not stand for election: Choose not to become a candidate.
Withdraw candidacy: Pull out after initially becoming a candidate.
Vote: Participate by casting a vote.
Not vote: Decide not to cast a vote, without penalty or pressure.
Why is this Important?
The section clarifies the rights and status of persons involved in elections.
It recognizes personal choice as essential — no one must be forced to contest or vote.
By defining these terms, the section helps other parts of the law apply correctly and fairly in electoral matters.
In Summary:
Candidate = Person officially nominated to contest an election.
Electoral Right = The right to freely decide to contest, withdraw, vote, or abstain in an election.
This section sets the foundation for understanding election-related offenses or protections within the BNS by defining who is covered and what choices are protected.
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