Chapter IXA, Section 171A to Section 171I of the Indian Penal Code 1860 deals

with offences relating to elections. This Chapter was inserted in the year 1920. It was
enacted with a view to Provide for the punishment of malpractices in an elections
and for the conduct of inquiries in disputed Election. The electoral offences are also
provided under part VII of the Representation of People Act, 1951.

List of Electoral Offences

Corrupt Practices
Section 2(c) of the Representation of People Act, 1951 simply says that ―corrupt
practices means any of the practices specified in Section 123 of the Act.

Bribery: Section 123(1) of RP Act and Sections 171B/171E of IPC define bribery as
corrupt practices. Bribery is considered as inducement affecting electoral work. The
offence of bribery is considered to be committed by a person who provide
gratification as well as by a person who accept such gratification. Gratification to any
person for inducing him or any other person to exercise electoral right, or
gratification as a reward for exercising electoral right is a corrupt practice punishable
with 1 year imprisonment, or fine, or both.
In the case of S. B. Adityan vs S. Kandaswami And Others,iiithe Court held that the
term gratification in s. 123 is very wide and includes the withdrawal of candidature
by a candidate to induce another candidate to stand at an election. Affording of such
gratification amounts to a corrupt practice within s. 123.Further, s. 123(1) does not
include the acceptance of a gift as a corrupt practice.

Undue Influence at Election: Section 123(2) of RP Act and section 171C/171F of IPC
talks about undue influence at election. Any person who directly or indirectly
interfere or attempt to interfere with the free exercise of any electoral right commits
the offence of undue influence and shall be punished with 1 year imprisonment or
fine or both as per provision of IPC.
In Jujhar Singh v. Bhairon Lall & Others,vithe Election Tribunalheld that “an attempt
to interfere by the method of compulsion is not necessary and that even the method
of inducement may be sufficient, provided it be of such a powerful type as would
leave no free, will to the voter in the exercise of his choice. In other words, actual
physical
compulsion is not necessary, but, positive mental compulsion may be enough to give
rise to an undue influence”.

Booth Capturing: Booth capturing by a candidate or his agent or other person is also a
corrupt offence under section 123(8) of RP Act. `Booth capturing’ includes –
- seizure of a polling station or a place fixed for the poll by any person making
 polling authorities surrender the ballot papers or voting machines;
- or allowing only his or their own supporters to exercise their right to vote and
prevent/coerce others from free exercise of their right to vote;
- seizure of a place for counting of votes.
The aforesaid offence is punishable with 3to5 yrs imprisonment and fine, if
committed by person in government service, and 1to 3 yrs and fine for others under
sec 135A of RP Act.
In Basanagouda vs Dr. S. B. Amarkhed And Ors,xBooth capturing wholly negates
the election process and subverts the democratic set up which is the basic features of our
constitution. The Parliament used words of width with generality to lug in or encompass
diverse acts or omissions innovated with ingenuinity to escape from clutches of law.Diverse
ways would be innovated to capture booths and rigging.The allegation of booth capturing
and rigging, if proved, is a corrupt practice under s.100(1)(b) and materially affects the
result of the election under clause.(1)(d) and also is a disqualification.

Promoting Enmity Between Classes: Any person who indifferent classes of the citizens
of India shall be punishable with imprisonment for a term which may extend to three
years, or with fine which may extend to ten thousand rupees or with both. This is
given under Section 125 of the Representation of the People Act, 1951. The
punishment is provided under Sec.505 (2)of the Indian Penal Code.

In Pravasi Bhalai Sangathan vs U.O.I. & Orsxiii, the court held that “Hate speech is an
effort to marginalise individuals based on their membership in a group and it seeks to
delegitimise group members in the eyes of the majority, reducing their social
standing and acceptance within society. Hate speech rises beyond causing distress to
individual group members. It can have a societal impact. Hate speech lays the
groundwork for later, broad attacks on vulnerable that can range from discrimination,
to ostracism, segregation, deportation, violence and, in the most extreme cases, to
genocide”.

Publication of False Statement: The publication by a candidate or his agent or by any

other person [with the consent of a candidate or his election agent], of any statement
of fact which is false, and which he either believes to be false or does not believe to
be true, in relation to the personal character or conduct of any candidate, or in
relation to the candidature, or withdrawal of any candidate, being a statement
reasonably calculated to prejudice the prospects of that candidate's election is a
major corrupt practices under Section 123(4) of RP Act, 1951.
Section 171G of IPC provides 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
in relation to the personal character or conduct of any candidate commits a crime and
is punishable with fine.
Concerning Election Expenses: Section 123(6) of the Representation of the People Act,
1951 makes the incurring or authorising of expenditure in contravention of section
77, a corrupt practice. Section 77(1) makes it mandatory for every candidate at an
election to the House of the People or a state legislative assembly to keep a separate
and correct account of all expenditure incurred or authorised by him or by his
election agent, between the date on which he was nominated.
Section 171I of IPC provides that 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.
In Mast Ram v State of Punjab and Anr.,xvthe court held that Sec 171I of IPC applies
to non-maintenance of account by a candidate who contested election and not to
irregular maintenance of account.

Free Conveyance of Voters: Sec 123(5) of the Representation of the People Act, 1951
provides if any person illegally hires or procures any vehicle for the free conveyance
of any elector other than the candidates himself, member of his family or his agent, to
or from any polling station commits an offence and is punishable with 3 months
imprisonment and fine under section 133.

Obtaining Services of Government Servant: Since the Government servants have a pivotal
role in the public administration and in the implementation of policies made by the
ruling political party, a Government servant should not take part in any election
campaign or canvassing and that he should take scrupulous care not to lend his name,
official position or authority to assist one political party or candidate as against any
other. Rule 5(1) of the Central Civil Services (Conduct) Rules, 1964 expressly
prohibits Government servants from taking part in politics and elections. Breach of
official duty in connection with elections, acting as an election agent and influencing
voters are electoral offences punishable under the Representation of People Act, 1951.
In addition to this, procuring or obtaining of assistance of Government servants in
elections is a corrupt practice defined under Section 123(7) of the same Act.
The role of Shri Yashpal Kapoor in the election of INDIRA GANDHI’S election is a
living example of Obtaining Services of Government Servant in Indian election
history.

Propagation of Sati: Section 123(3B) provides the propagation of the practice or the
commission of sati or its glorification by a candidate or his agent or any other person
with the consent of the candidate or his election agent for the furtherance of the
prospects of the election of that candidate or for prejudicially affecting the election of
any candidate.“Sati” and “glorification” in relation to sati shall have the meanings
respectively assigned to them in the Commission of Sati (Prevention) Act, 1987 (3 of
1988). Sati is an age-old tradition and practice followed by the Hindus in certain
parts of India, more prominently by the Rajputs in the State of Rajasthan. Sati means
self-immolation by the wife on the death of her husband, normally by burning herself
alive on the funeral pyre of the husband.

Personation at Election: Any person at election applies for a voting paper or votes in the
name of another person, whether living or death, or applies for voting at same
election in which he has already voted shall be punished with imprisonment for 1
year imprisonment or fine or both under section 171D/171F of IPC.

Denying Someone Right to Vote: As per section3 (1) (vii) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 any person who forces or
intimates a member of SC/ST note to vote or to vote a particular candidate or to vote
in a manner other than provided by law commits an offence.
Under section 135B of RP Act employer shall be liable for fine upto Rs. 500 for not
granting of paid holiday to the employees who are entitled to vote.

Removal of Ballot Paper: If any person remove EVM/ Ballot Paper or the presiding
officer has reason to believe the same, he may arrest that person or order search of that
person. The offender will be punished with 1yr imprisonment or fine or both under
section 135 of RP Act.

Destruction of Ballot Paper: If any person fraudulently defaces or fraudulently destroys

any ballot paper or EVM or the official mark on any ballot paper or EVM or puts into
any ballot box anything other than the ballot paper, or pastes any paper, tapes etc. on
the symbol/names/ballot button of EVM for the purpose of the election commits an
offence.If the offence is committed by any officer or clerk employed on election duty,
he shall be punished with 2 yrs imprisonment or fine or both and 6 month
imprisonment or fine for other under section 136 of RP Act.

Possession of Armed Weapons: Section 134B of RP Act prohibits any person to go armed
with weapons of any kind at or near polling station other than presiding officer, police
officer and any person appointed to maintain peace and order. Any person who
contravenes the provision shall be punished with imprisonment upto 2 yrs or fine or
both.

Harming Public Servant on Duty: Whoever voluntarily causes simple or grievous hurt or
assaults to deter a public servant from discharging his duty shall be punished with an
Imprisonment from 2 to 10 years and fine under Section 332/333/353 of the Indian
Penal Code .
Concerning pamphlets and posters: Whoever prints or publishes any election pamphlets,
poster, handbills or placards which does not bear on its face the name and the address
of the printer and the publisher commits an offence under Section 127A of the
Representation of the People Act, 1951 and shall liable to six months imprisonment or
fine upto Rs.2000/- or both

Prohibition of Public Meetings: No person shall convene, hold or attend any public
meeting within a constituency; display to the public any election matter by means of
cinematograph, television or other similar apparatus; or propagate any election matter
to public by holding, or by arranging the holding of, any musical concert or any
theatrical performance or any other entertainment or amusement with a view to
attracting the members of the public thereto, in any polling area during the period of
forty-eight hours ending with the hour fixed for the conclusion of the poll for an
election in that constituency .Any person who contravenes Sec 126 of the
Representation of the People Act, 1951 shall be punishable with imprisonment for a
term which may extend to 2 years or fine or both.

Canvassing in near polling station: Section 130 of RP Act Prohibits on date of poll

✔ Canvassing in or near polling station; or

✔ Soliciting the vote of any elector; or
✔ Persuading any elector not to vote for any particular candidate or at election; or
✔ Exhibiting any notice or sign related to the election other than official notice.
Any person who contravenes the provision shall be punished with fine upto Rs.
250. This offence is cognizable in nature.

Disorderly conduct in or near polling station: Section 131 of RP Act provides that any
person on the date of poll shouting in disorderly manner or using loudspeakers,
megaphones etc. in order to disturb poll can be arrested and apparatus can be seized.
Police officer can arrest such person on the order of Presiding Officer. The offence is
punishable with 3 month imprisonment, or fine, or both.

Misconduct at the polling station: Under Section 132 of RP Act any person who
misconduct himself, or fail to obey lawful directions during the hour, fixed for the
poll at any polling station may be removed by the presiding officer or police officer
or other authorised person. Further, if the person re enter the polling station without
permission of the presiding officer, he shall be punished imprisonment upto 3 month,
or fine, or both if the offence is cognizable.

Maintenance of Secrecy of voting: It is offence under Section 128 of RP Act if any

officer, clerk, agent, or other person who perform any duty in connection with
recording or counting votes at election doesn’t maintain secrecy of the voting and
shall be punished with 3 month imprisonment or fine or both.