BNS Section 176 – Illegal payments in connection with an election

Indian Penal Code (IPC) Section – 171 H

Illegal Payments in Connection with an Election

1. What is the Offence?

This law penalizes the act of incurring or authorizing expenses for election-related activities without the written authority of a candidate.

• Expenses Covered:
  1. Holding public meetings.
  2. Publishing advertisements, circulars, or publications.
  3. Any other expenses intended to promote or procure the election of the candidate.

2. Key Elements of the Offence

• Authority Requirement:
  • Expenses must be incurred or authorized with the general or special written authority of the candidate.
  • Without such authority, the expenses are deemed illegal and unauthorized.
• Exception Clause:
  • If expenses under ₹10 are incurred without prior authorization, the person has 10 days to obtain the candidate’s written approval.
  • If approval is obtained within this period, the expenses are considered authorized.

3. Punishment

• Fine: Up to ₹10,000.

4. Type of Offence

• Non-cognizable: Police cannot arrest without a warrant.
• Bailable: The accused can claim bail as a right.
• Court: The case will be tried by a Magistrate of the first class.

5. Purpose of the Law

• To ensure transparency and accountability in election-related expenses.
• To deter unauthorized spending in election campaigns, ensuring that all expenditures are approved by the candidate.

Summary of the Offence

6. Key Points