Free and fair elections form the cornerstone of India’s constitutional democracy. The legitimacy of governance and public trust in institutions depend entirely upon the integrity of the electoral process.
Contained in Chapter IX (Sections 169–177), the Bharatiya Nyaya Sanhita, 2023 (BNS) systematically criminalizes acts that distort voter autonomy—such as bribery, coercion, impersonation, misinformation, and financial impropriety—while preserving the space for lawful political expression. These provisions reflect a shift toward a rights-based approach, emphasizing voter freedom, transparency, and accountability.
- Bribery (Section 170 & 173)
Definition (Section 170): Bribery is defined as the act of giving, promising, or accepting any form of gratification (monetary or otherwise) to influence electoral behavior. The offence is complete upon the act of offering or accepting—regardless of whether the intended vote is actually cast.
Exceptions: Public policy declarations or promises of lawful governance (e.g., campaign manifestos) are explicitly excluded from the definition of bribery.
Punishment (Section 173):
- Penalty: Imprisonment up to one year, or fine, or both.
- Special Note: If the bribery consists only of “treating” (food/drink/entertainment), the punishment is limited to a fine.
- Classification: Non-cognizable, Bailable, and triable by a Magistrate of the First Class.
Example: A candidate offers cash to a group of voters to secure their support. Once the money is accepted, both the candidate and the voters are liable under these provisions, even if the voters eventually choose a different candidate.
- Undue Influence (Section 171 & 174)
Definition (Section 171): This section targets attempts to manipulate electoral decisions through pressure or fear. It includes threats of physical harm, property damage, social boycott, or invoking spiritual consequences (e.g., “divine displeasure”) to sway voters.
Exceptions: Honest debate and lawful promises made in the public interest are protected, provided they do not interfere with the voter’s free will.
Punishment (Section 174):
- Penalty: Imprisonment up to one year, or fine, or both.
- Classification: Non-cognizable and Bailable.
Example: A local leader tells villagers that their government benefits will be revoked if they do not vote for a specific party. This use of coercion to interfere with electoral rights constitutes Undue Influence.
- Personation at Elections (Section 172 & 174)
Definition (Section 172): An individual commits personation if they apply for a voting paper in the name of another person (living, dead, or fictitious) or attempt to vote twice in their own name at the same election. Abetting or procuring such acts is also a violation.
Exceptions: This does not apply to individuals legally authorized to vote as a proxy representative under current electoral laws.
Punishment (Section 174):
- Penalty: Imprisonment up to one year, or fine, or both.
- Classification: Non-cognizable and Bailable.
Example: Ravi votes at 10:00 AM using his own ID. He returns at 2:00 PM with his deceased brother’s ID to cast a second vote. Ravi is liable for the offence of Personation under Section 172.
- Spreading Falsehoods (Section 175)
Definition: This section addresses the malicious dissemination of false information concerning a candidate’s personal character or conduct. The law targets statements made with the knowledge that they are false or with reckless disregard for the truth, intended to damage a candidate’s electability.
Punishment:
- Penalty: Punishable with a fine.
- Classification: Non-cognizable and Bailable.
Example: A campaign worker circulates a fabricated document on social media claiming a rival candidate was convicted of a crime. Since the worker knew the document was a forgery, this act falls under Section 175.
- Illegal Election Expenditure (Section 176)
Definition: To maintain financial transparency, Section 176 criminalizes any election-related spending (advertisements, rallies, or digital media) undertaken without the candidate’s written authorization.
Exceptions: A narrow exception allows expenses up to ₹10 to be incurred without prior approval, provided written consent is obtained within ten days of the expense.
Punishment:
- Penalty: Fine up to ₹10,000.
- Classification: Non-cognizable and Bailable.
Example: A supporter rents a massive LED screen for a candidate’s rally without any written permission from the candidate or their agent. This unauthorized spending is a violation of Section 176.
- Failure to Maintain Election Accounts (Section 177)
Definition: Candidates and their agents are legally required to maintain accurate daily accounts of all election expenses. Failure to do so—whether through omission, inaccuracy, or non-compliance—constitutes an offence.
Punishment:
- Penalty: Fine up to ₹5,000.
- Classification: Non-cognizable and Bailable.
Example: An election agent fails to record the payment made for a fleet of vehicles used during a roadshow. This omission in the statutory accounting record triggers liability under Section 177.
Conclusion
The electoral offences outlined in the BNS are foundational to India’s democratic resilience. By criminalizing corruption, coercion, and financial opacity, the law empowers voters and safeguards institutional trust. These provisions align with constitutional values of equality and fair representation.
Effective enforcement by the Election Commission of India, supported by the BNS and the Representation of the People Act, 1951, ensures that the sanctity of the ballot remains protected for future generations.
