Law and You > Criminal Laws > Indian Penal Code > Election Offences Defined (Ss. 171A – 171D)
Section 171 E to 171 I of Chapter IXA deals with the punishments for the election offences.
Section 171 E: (Punishment for Bribery):
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;
Provided that bribery by treating shall be punished with fine only.
Explanations:
“Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision.
This section gives the meaning of the word “Treating”. The corrupt practice of bribery is committed not only by a person who provides gratification but also by the person who accepts such gratification. The receipt of, or any agreement to receive, any gratification, whether as a motive or a reward, by a person for standing or not standing as a candidate or for withdrawing or not withdrawing his candidature or for voting or refraining from voting also amounts to a corrupt practice.
A gratification to constitute bribery may not necessarily be restricted to pecuniary (in form of money) gratifications. It includes treating, all forms of entertainment and all forms of employment for reward.
Nature of Offence: Non-cognizable-Bailable-Triable by Magistrate of the first class-Non-compoundable.
Punishment-Imprisonment for 1 year, or fine, or both or if treating only, fine only.
In Iqbal Singh v. Gurdas Singh, AIR 1976 SC 27, case the appellant filed an election petition alleging of invalid votes, the distribution to Harijans of large sums of money for construction of Dharamshalas, and the issue of a large number of gun licences, as gratification for inducing voters to vote for the respondent and that thereby, the corrupt practice of bribery under S. 123(1) of the Representation of the People Act, 1951. The court held that the term ‘gratification’ should be deemed to refer only to cases where a gift is made of something which gives a material advantage to the recipient. A gun licence gives no material advantage to the recipient. It might gratify the recipient sense of importance if he has a gun licence in a village where nobody else has a gun licence.
In Deepak Ganpatrao Salunke v. Governor Of Maharashtra & Others, 1999 CriLJ 1224 Bom, case the Court cleared that the concept of gratification is with respect to individual and not with respect to political party. Seeking the support of a political party (RPI in this case), during the course of the election and making an offer to a political party of some share in political power for giving support cannot be called as gratification as contemplated in the section.
Section 171 F: (Punishment for Undue Influence and Personation):
Whoever commits the offence of undue influence or personation at an election 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 an election is defined as voluntary interference or attempted interference with the right of a person to stand or not to stand as a candidate or to withdraw or not to withdraw from being a candidate or to vote or refrain from voting at an election.
Personation is a primarily-legal term, meaning ‘to assume the identity of another person with intent to deceive’. It is often used for the kind of voter fraud where an individual votes in an election, pretending to be a different elector.
Nature of Offence: Cognizable-Bailable-Triable by Magistrate of the first class-Non-compoundable.
Punishment-Imprisonment for 1 year, or fine, or both.
In E. Anoop v. the State of Kerala, 2007 CrLJ 2968, case the prosecution alleged that the petitioner entered the booth and appeared before the officers in charge of the polling station at the polling station and personated himself as another legal voter in the certain booth. He claimed a ballot paper to facilitate him to exercise his franchise. His identity was challenged by a polling agent. The prosecution thereby alleged that the petitioner had committed the offence punishable under S.171(F) I.P.C. by applying for a voting paper in the name of any other person. The court insisted on the phrase “applies for”. The court held that it is not required to prove that the inductee attempted to vote in the election. It is sufficient to prove that he applied for the voting paper. It is an offence under S. 171 (D).
Section 171 G: (False Statement in Connection with an Election):
Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.
If the candidate or his agent has intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate then it is corrupt practice.
False statements of fact in relation to the personal character or conduct of candidate are penalized by this Section.
Nature of Offence: Non-cognizable-Bailable-Triable by Magistrate of the first class-Non-compoundable.
Punishment: Fine.
In A.S. Radhakrishna Ayyar vs Emperor, AIR 1932 Mad 511 case the court held that for applying Section 171 (G) something must be stated as a fact and not as a general imputation or as a matter of opinion.
Section 171 H: (Illegal Payments in Connection with an Election):
Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees:
Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.
This Section makes it illegal for anyone unless authorized by a candidate to incur any expenses in connection with the promotion of the candidate’s election.
Nature of Offence: Non-cognizable-Bailable-Triable by Magistrate of the first class-Non-compoundable.
Punishment: Fine of 500 rupees.
Section 171 I: (Failure to Keep Election Accounts):
Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.
A proper account of election expenditure is required to be provided by political parties and contesting candidates to the Election Commission of India (ECI) after the conclusion of the Elections within 90 days after the completion of the elections. Not keeping of election accounts or not submitting it to the ECI within prescribed period is a corrupt practice and offence.
Similarly, within 30 days after the conclusion of the elections, all contesting candidates are required to produce an expenditure statement before the ECI. Political parties are supposed to provide details of lump sum amounts provided to contesting candidates; they are also required to provide details on amounts received to the ECI.
Nature of Offence: Non-cognizable-Bailable–Non-compoundable. Triable by Magistrate of the first class
Punishment: Fine of 500 rupees.
In Mast ram v. State of Punjab, 1995 Supp (2) SCC 744 case the petitioner submitted the accounts but there were mistakes in it. The court held that the Section 171 (I) applies to that candidate who has not kept records of accounts of election expenses and not to the candidate who contested the election and kept the account in an irregular manner.