Offences related to Elections under IPC
Offences Related to Elections under IPC
🔹 Background
Elections are a vital part of democracy, and the law seeks to ensure free, fair, and honest elections. The Indian Penal Code (IPC), alongside the Representation of the People Act, 1951, contains provisions that criminalize corrupt practices and offences during elections.
🔹 Key Election-Related Offences under the IPC
1. Bribery (Section 171B IPC)
Definition: Giving or offering any gratification to induce a person to vote or refrain from voting for a candidate.
Explanation: Any gift, money, or benefit given to influence voters.
Punishment: Imprisonment up to 6 months, or fine, or both.
Example: Offering money or gifts to voters to secure their votes.
2. Personation (Section 171E IPC)
Definition: Fraudulently voting in the name of another person.
Explanation: Voting in place of someone else, impersonating a voter.
Punishment: Imprisonment up to 1 year, or fine, or both.
Example: A person casts a vote pretending to be another registered voter.
3. Illegal Payment or Reward to Vote (Section 171C IPC)
Definition: Giving or accepting any money or reward to vote or refrain from voting.
Punishment: Imprisonment up to 6 months, or fine, or both.
Example: A candidate giving cash to voters to induce them to vote for them.
4. Illegal Hiring or Procuring of Votes (Section 171D IPC)
Definition: Hiring or procuring someone to attend as a voter or induce others to vote for a candidate.
Punishment: Imprisonment up to 6 months, or fine, or both.
Example: Hiring people to vote en masse for a candidate.
5. False Statement in Relation to Candidate (Section 171F IPC)
Definition: Publishing false statements about a candidate’s personal character or conduct to influence voters.
Punishment: Imprisonment up to 6 months, or fine, or both.
Example: Publishing defamatory statements to damage a candidate’s reputation.
6. Illegal Campaigning in or Near Polling Station (Section 171G IPC)
Definition: Engaging in campaigning or canvassing within 100 yards of a polling station on polling day.
Punishment: Imprisonment up to 6 months, or fine, or both.
Example: A party worker distributing pamphlets near polling booths on voting day.
7. Illegal Possession or Use of Voting Papers or Ballot Papers (Section 171H IPC)
Definition: Fraudulent possession or use of ballot papers.
Punishment: Imprisonment up to 6 months, or fine, or both.
Example: A person illegally obtains and uses ballot papers to cast votes fraudulently.
8. Unlawful Hiring or Training for Electoral Purposes (Section 171I IPC)
Definition: Training or hiring armed groups to influence election outcomes.
Punishment: Imprisonment up to 6 months, or fine, or both.
Example: Hiring goons to intimidate voters.
9. Appeal by a Candidate or Agent to Vote or Refrain from Voting on Religious Grounds (Section 123(3) of Representation of People Act, 1951, but linked to IPC offences)
Definition: Making appeals to religion or caste to influence votes.
Punishment: Can be punished under IPC sections related to promoting enmity or hate speech (Sections 153A, 295A).
🔹 General Observations
Most election offences under the IPC are cognizable and non-bailable.
The Model Code of Conduct regulates behavior during elections but is enforced by the Election Commission.
The Representation of People Act, 1951 contains further detailed provisions on corrupt practices and offences.
🔹 Landmark Case Laws
Kihoto Hollohan v. Zachillhu (1992)
Upheld the powers of the Speaker/Chairman in disqualifying members on grounds of defection; relevant for electoral malpractices.
Mohinder Singh Gill v. The Chief Election Commissioner (1978)
Defined “corrupt practices” broadly to include bribery, undue influence, and impersonation.
🔹 Conclusion
The IPC provisions related to elections seek to deter and punish corrupt practices and ensure electoral integrity. They work in tandem with other election laws to uphold democratic principles by penalizing bribery, coercion, impersonation, and other offences that undermine free and fair elections.
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