Indian Penal Code, 1860
Section 171A
repealedCandidate , Electoral right defined
“candidate” means a person who has been nominated as a candidate at any election; “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
This definition section was added to the Indian Penal Code in 1920 (through an amendment) to support a new set of offences—bribery, undue influence, personation, and false statements at elections (Sections 171B to 171I)—that were introduced as India moved toward representative elections under British colonial reforms. Without clear definitions, terms like 'candidate' and 'electoral right' could be interpreted too broadly or too narrowly, making it hard to prosecute election misconduct consistently.
How courts read it
Courts have generally treated this as a straightforward definitional clause with limited independent litigation. Its main role is interpretive: when courts decide cases under Sections 171B (bribery), 171C (undue influence), or 171F (punishment for these offences), they refer back to Section 171A to confirm whether the person involved was legally a 'candidate' and whether the right allegedly violated falls within 'electoral right' as defined here.
Common misconceptions
- Myth: Anyone planning to run for office is automatically a 'candidate' under this law.
Fact: Under Section 171A, a person becomes a 'candidate' only after formal nomination for an election, not merely by expressing intent to run. - Myth: 'Electoral right' only means the right to vote.
Fact: The definition also covers the right to stand for election, to withdraw from candidacy, and to refrain from voting—not just the act of voting itself.