OFFENCES RELATED TO ELECTIONS IN INDIA

CONTENTS
Legislative Check under Indian Penal Code
Definition under Chapter IXA
Candidate
Electoral Right
Election
Bribery
Undue Influence at elections
Personation at elections
False statement in connection with an election
Illegal payment in connection with an election
Failure to keep election accounts
Other Legal Framework
The Representation of the Peoples Act
Election Commission of India Guidelines
Corrupt Practices-Ground for Setting aside Elections
Electoral Reforms: Judicial Efforts
Conclusion

Introduction

Apart from terrorism, the most serious problem being faced by the Indian
democracy is the criminalization of politics.

Free and fair elections are the hallmark of a well-functioning democracy.

The spirit of the democracy is its elections, where people contesting
elections wish to come to power. During this process, the candidates
indulge in various activities, which are not sanctioned by the Indian laws.

Various legislative measures such as Indian penal code, Representation of

Peoples Act etc keeps an eye on the activities of the candidates. Along with
the established statue, there are a number of guidelines such as Model Code
of Conduct, Supreme Court Guidelines which are also to be followed by the
candidates.

The Vohra (Committee) Report .

The Law Commission of India.

Legislative Check
Under Indian Penal
Code

Chapter IXA deals exclusively with Offences related to elections in India.

Section 171A to 171-I.

Election Offences and Enquiries Act, 1920.

There was a twin objective in enacting this chapter.

Not only is this chapter there are other sections in the act such as Section 153A.
153AA, 153B and, 505 which are also connected with such type of offences.

Thus, under this act the following offences along with its punishments have
been dealt as under:
o

Bribery (Sections 171B and 171E, IPC)

Undue Influence at elections (Sections 171C and 171F, IPC)

Personation at elections (Sections 171D, IPC)

False statement in connection with an election (Sections 171G, IPC)

Illegal payment in connection with an election (Sections 171H, IPC)

Failure to keep election accounts (Sections 171-I, IPC)

Definitions under Chapter IXA

Candidate

Section 171A IPC defines the candidate as a person who has

been duly nominated and also a person hold himself as a
prospective candidate provided he subsequently files his
nomination. He remains a candidate even if he withdraws
after he holds out a prospective candidate.

Electoral Right

The words electoral right means the right of a person to

stand or not to stand or to withdraw his candidature and his
right to vote or abstain from voting at an election.

Election

Election has been defined in Explanation 3 to section 21 of

the IPC as:

The word election denotes an election for the purpose of

selecting members of any legislative, municipal or other
public authority, of whatever character, the method of
selection to which is by, or under, any law prescribes as
election.

Bribery

Section 171B defines bribery.

What amounts to Bribes?

Deepak Gunpaatrao Salunke v. Government Of

Maharashtra.

Bribery in general and bribery in treating.

Punishment in Section 171E.

Undue Influence at elections

This covers all threats of injury to

a person or

property

and all illegal methods of persuasion

and any interference with the liberty of the candidates or

the electors.

Irreligious head priest gives his views.

Divine displeasure

Baburao Patil v. Zakir Hussain

Ram Dial v. Sant Lal

Personation at elections

Section 171D defines Personation at elections.

The ingredients for this offence are:

Voted for other person.

Voted once.

Attempted or abetted to procure the voting of any

other person.

Section 171F prescribes punishment for the

offence of undue influence and Personation at
an election as defined in sections 171C and
171D.

Partha Sarathi v. Emperor

False statement in connection

with an election

This section punishes false statements of fact in relation

to the personal character or conduct of a candidate.

To prove charge of false statement:

Election process has commenced

Personal character or conduct of any candidate

False statement

Influence the outcome of the election.

Illegal payment in connection

with an election

Section 171H penalizes unauthorized

expenditure at an election without previous
authority and approval of the candidate at an
election.

Punishment

Failure to keep election

accounts

Section 171I- keep account of expenses

incurred at an election.

Punishment

Other Legal Framework

Apart from Indian Penal Code, Offences of
Elections are governed by the following:

The Representation of the People Act

Election Commission of India Guidelines

Corrupt Practices-Ground for

Setting aside Elections

Indira Nehru Gandhi: In the case of Indira

Nehru Gandhi v. Raj NarainJustice Jagmohan Lal
Sinha

Allahabad High Court

Section 123(7) of the Representation of the

People Act, 1951

Electoral Reforms: Judicial

Efforts
In Union of India v. Association for Democratic Reforms
The two questions before the three-judge bench of the Supreme Court,
headed by Justice M.B. Shah, were the following:

One, whether a citizen had the right to know the criminal record and
financial details of an election candidate.

Two, whether the EC had the authority to issue directions as ordered

by the High Court. On both these questions, the Supreme Court
answered in the affirmative.

Concluding observations
It needs a little argument to hold that the heart of the
Parliamentary system is free and fair elections periodically held,
based on adult franchise, although social and economic
democracy may demand much more. Supreme Court of India

There has been a growing concern over the years in India about
several aspects of our electoral system.

Although laws have been enforced in the country relating to the

election, but the failure of these laws is not a new thing.

It is an established principle that politics in India is dominated by

money and muscle power.

One more reason for the failure of this law is the quantum of
punishment under the Indian Penal Code.

There is need of setting up special courts for trying the cases of

criminalization of politics.