OFFENSES RELATING TO ELECTIONS (SECTION 171A – 171I)

by | Sep 27, 2023

Elections play a crucial role in any democratic country, and to ensure their fairness and integrity, several laws are in place to tackle Elections are the cornerstone of democracy, and it is crucial to maintain fair and transparent electoral practices. By adhering to the law, we can ensure that the democratic process upholds the principles of equality, justice, and the power of the people’s voice. 

SECTION 171A (CANDIDATE , ELECTORAL RIGHT) – This section defines “Candidate” which refers to someone who has been nominated to run in an election. And “Electoral Right” refers to the individual’s right to either participate as a candidate or voter in an election, or choose not to participate.

SECTION 171B (BRIBERY) – This offence deals with the act of providing or accepting Bribes in exchange for votes. Offering or accepting money, valuable items, or any kind of inducement to influence voters is considered Bribery during elections. 

SECTION 171C (UNDUE INFLUENCE AT ELECTIONS) – This offence involves using threats or force to compel voters to vote for or against a particular candidate. Any form of coercion that hampers voters’ free choice is considered a breach of the law. Using threats, coercion, or any other means to manipulate or compel voters to vote or not vote for a particular candidate or party is punishable under this section. 

SECTION 171D (PERSONATIONS AT ELECTIONS) – This section deals with making or accepting payments to influence voters or candidates, which are not disclosed in the election expenditure accounts, is considered an illegal payment.

SECTION 171E (PUNISHMENT FOR BRIBERY) – This section deals with punishment for bribery which  includes imprisonment for up to one year, a fine, or both. However, if the bribery is in the form of treating, which involves providing food, drink, entertainment, or provision, the punishment is usually a fine.

SECTION 171F (PUNISHMENT FOR UNDUE INFLUENCE AND PERSONATING AT ELECTION)  – Anyone found guilty of undue influence or personation during an election can be sentenced to up to one year in prison, or fined, or both.

SECTION 171G (FALSE STATEMENT IN CONNECTION WITH AN ELECTION) – This offence pertains to spreading false information about a candidate’s personal character or election manifestos with the intent to influence voters, 

SECTION 171H (ILLEGAL PAYMENTS IN CONNECTION WITH AN ELECTION) –  Anyone who intentionally spreads false statements about a candidate’s personal character or conduct with the aim of influencing election results can be fined.

SECTION 171I (FAILURE TO KEEP ELECTION ACCOUNTS) –  If someone fails to keep the required accounts of election-related expenses as mandated by law, they may be subject to a fine of up to five hundred rupees.

It’s important to note that these are just a few significant offences related to elections under the IPC. The legal framework surrounding elections in India is more comprehensive and includes additional provisions under various electoral laws. 

REFERENCE :

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

Related Posts