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Home / Bharatiya Nyaya Sanhita & Indian Penal Code

Criminal Law

Offences Related to Elections in IPC

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 06-Jun-2024

Introduction

  • Offences related to elections include various electoral malpractices such as bribery, undue influence at elections, Personation and other unlawful activities that may influence the outcome of elections.
  • Chapter IX-A of Indian Penal Code, 1860 (IPC) and Chapter IX of Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the Offences related to elections.
  • The scope of Chapter IX-A is wide enough to include elections to Parliament, State legislature along with election to local bodies such as Panchayats and Municipal bodies.

What are the Objectives of Law on Offences Related to Elections?

  • Free and fair election
  • Control electoral malpractices
  • Maintain the integrity of election process
  • Protect the democracy of the state

What are the Provisions for Offences Related to Elections?

  • Bribery: Section 171-B (170 of BNS)
    • Section 171B of the IPC and Section 170 of BNS prohibits giving or receiving of any gratification to induce a person to exercise their electoral right.
    • Both the person offering the bribe and the recipient are liable for prosecution under this section.
    • According to 171-E of IPC and Section 174 of BNS, whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.
  • Undue Influence at elections: Section 171-C (171 of BNS)
    • Undue influence refers to any act or threat that compels a person to vote or refrain from voting in a certain way.
    • Section 171C of the IPC and Section 170 of BNS make it an offence to exert undue influence on voters during elections.
    • This includes using coercion, intimidation, or any other unlawful means to influence voter behavior.
    • According to Section 171-F of IPC and Section 174 of BNS, whoever commits the offence of undue influence or personation shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.
  • Personation: Section 171-D (172 of BNS)
    • Personation occurs when an individual pretends to be someone else to cast a vote.
    • Section 171-D of the IPC and Section 172 of BNS deals with the act of personation during elections. It imposes penalties on those who impersonate another voter or aid in such fraudulent activities.
    • According to Section 171-F of IPC and Section 174 of IPC, whoever commits the offence of undue influence or personation shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.
  • False Statement in Connection with an election: Section 171-G (175 of IPC)
    • Section 171-G of the IPC and Section 175 of BNS deals with the publication of false statements or information with the intent to affect the outcome of an election.
    • Whoever makes or publishes false statements about the personal character or conduct of a candidate to prejudice their electoral prospects is punishable with fine under this section.
  • Illegal payment in connection with an election: Section 171-H (176 of IPC)
    • Section 171-H of the IPC and Section 176 of IPC prohibits the payment of any expenses incurred in connection with an election in cash, exceeding the amount specified by law.
    • This provision aims to regulate election expenditures and prevent the use of illicit funds to influence the electoral process.
    • Illegal payments in connection with an election are punishable with fine which may extend to five hundred rupees.
  • Failure to keep election accounts: Section 171-I (177 of BNS)
    • Candidates and political parties are required to maintain proper accounts of their election expenses as per the law.
    • Section 171-I of the IPC and Section 177 of BNS makes it an offence to fail to maintain such election accounts or to provide false or incomplete information regarding election expenses.
    • Failure to keep election accounts shall be punished with a fine which may extend to five hundred rupees.

What are the Landmark Case Laws on Offences Related to Elections?

  • E Anoop v. State of Kerela (2012):
    • In this case, the petitioner allegedly appeared at the polling station by personating himself as Kuttikkattu Pavitharan to obtain a voting paper, even though he was not the person that he claimed to be
    • The Kerala High Court found him guilty under Section 171-D and 171-F of IPC.
  • Iqbal Singh v. Gurdas Singh (1975):
    • The petitioner claimed that the respondent allegedly distributed large sums of money to harijans as well as gave out gun licenses as bribes to induce voters.
    • The Supreme Court held that, since there was no evidence regarding bargaining of votes in exchange of gun license or money. Hence, the petitioner claims did not stand on any ground and the case was dismissed.
  • Raj Raj Deb v. Gangadhar (1962):
    • The Orissa High Court held that if any person induced people to vote for him on the basis of his caste, he shall be liable for the offence under Section 171-F of IPC.

Conclusion

Offences relating to elections under the Indian Penal Code are crucial for maintaining the fairness and transparency of the electoral process. By penalizing bribery, undue influence, personation, false statements, illegal payments, and failure to maintain election accounts, these legal provisions uphold the democratic principles of free and fair elections. It is imperative for all voters, candidates, and electoral authorities, to adhere to these laws to safeguard the integrity of India's electoral system.