Section 40: Undue in fluence. A person is guilty of undue influence, if he

40. Undue in fluence. A person is guilty of undue influence, if he— (1) in order to induce or compel any person to vote or refrain from voting, or to offer himself as a candidate, at an election, directly or indirectly, by himself or by any other person on his behalf,— (a) makes or threatens to make use of any force, violence or restraint; (b) inflicts or threatens to inflict any injury, damage, harm or loss; (c) calls down or threatens to call down divine dis pleasure or the displeasure of any saint or pir; (d) gives or threatens to give any religious sentence; or (e) use any official influence or governmental patronage; or (2) on account of any person having voted or refrain from voting, or having offered himself as a candidate, does any of the acts specified in clause (1); or (3) by abduction, duress or any fraudulent device or contrivance,— (a) impedes or prevents the free exercise of the fran chise by an elector; or (b) compels, induces or prevails upon any elector to vote or refrain from voting. Explanation.—In this section, "harm" includes social ostra cism or ex­communication or expulsion from any caste or com munity.

Effective date: 1976-01-01

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