IPC Sections 171A to 171I: Offences Relating to Elections
Chapter IXA of the Indian Penal Code, 1860 defined and punished election-related offences including bribery, undue influence, personation, false statements about a candidate, unauthorised election expenditure and failure to keep election accounts.
Definitions and Core Election Offences Under IPC
Section 171A - Candidate and Electoral Right Defined
For Chapter IXA, a "candidate" meant a person nominated as a candidate at an election. "Electoral right" meant the right of a person to stand, or not to stand, as a candidate, to withdraw or not withdraw from candidature, or to vote or refrain from voting at an election.
Section 171B - Bribery
Bribery included giving gratification to a person with the object of inducing that person or another person to exercise an electoral right, or rewarding a person for having exercised such right. It also included accepting gratification as a reward for exercising an electoral right or for inducing or attempting to induce another person to exercise such right. A declaration of public policy or promise of public action was not treated as gratification for this section.
Section 171C - Undue Influence at Elections
Undue influence was the voluntary interference, or attempt to interfere, with the free exercise of an electoral right. The section specifically included certain threats of injury and specified attempts to induce a candidate or voter through beliefs concerning divine displeasure or spiritual censure. A declaration of public policy, promise of public action or mere exercise of a legal right without intent to interfere with an electoral right was excluded.
Section 171D - Personation at Elections
Personation included applying for a voting paper or voting in another person's name, whether that person was living or dead, voting in a fictitious name, or after voting once applying again at the same election in one's own name. Abetting, procuring or attempting to procure such voting was also covered. The statutory exception protected voting duly authorised as a proxy under applicable law.
IPC Sections 171E to 171I: Offences and Punishments
Section 171E - Punishment for Bribery
Bribery was punishable with imprisonment of either description for up to one year, or fine, or both. Where the bribery consisted of "treating", punishment was fine only. Treating meant bribery where the gratification consisted of food, drink, entertainment or provision.
Section 171F - Punishment for Undue Influence or Personation
Undue influence or personation at an election was punishable with imprisonment of either description for up to one year, or fine, or both. The CrPC First Schedule classified undue influence and personation differently for cognizability, as shown below.
Section 171G - False Statement in Connection with an Election
A person was punishable with fine where, intending to affect the result of an election, the person made or published a statement purporting to be a statement of fact concerning the personal character or conduct of a candidate that was false and was known or believed to be false, or was not believed to be true.
Section 171H - Illegal Payments in Connection with an Election
A person who, without the general or special written authority of a candidate, incurred or authorised expenditure for a public meeting, advertisement, circular, publication or otherwise for promoting or procuring the candidate's election was punishable with fine up to Rs. 500. The section contained a limited proviso concerning unauthorised expenditure not exceeding Rs. 10 that received the candidate's written approval within ten days.
Section 171I - Failure to Keep Election Accounts
A person required by law, or by a rule having the force of law, to keep accounts of expenses incurred at or in connection with an election, who failed to keep such accounts, was punishable with fine up to Rs. 500.
Classification Under the CrPC First Schedule
The following classification reflects the Code of Criminal Procedure, 1973 position applicable before commencement of the BNSS.
| IPC section | Offence | Punishment | Cognizability | Bail | Court |
|---|---|---|---|---|---|
| 171E | Bribery | Up to 1 year, or fine, or both; treating punishable with fine only | Non-cognizable | Bailable | Magistrate of the First Class |
| 171F | Undue influence at an election | Up to 1 year, or fine, or both | Non-cognizable | Bailable | Magistrate of the First Class |
| 171F | Personation at an election | Up to 1 year, or fine, or both | Cognizable | Bailable | Magistrate of the First Class |
| 171G | False statement in connection with an election | Fine | Non-cognizable | Bailable | Magistrate of the First Class |
| 171H | Illegal payments in connection with an election | Fine up to Rs. 500 | Non-cognizable | Bailable | Magistrate of the First Class |
| 171I | Failure to keep election accounts | Fine up to Rs. 500 | Non-cognizable | Bailable | Magistrate of the First Class |
Sections 171A to 171D contain definitions or define the underlying offences. Sections 171E and 171F provide punishment for bribery, undue influence and personation. Other election laws, including the Representation of the People Act, 1951, may create additional consequences or requirements.
Key Legal Points
Chapter IXA should be read as a connected scheme. Sections 171A to 171D supply the definitions and ingredients needed to understand the punishments in Sections 171E and 171F. Not every false election statement falls under Section 171G. The provision required the statutory mental element and concerned a false statement of fact relating to the personal character or conduct of a candidate, made or published with intent to affect the election result. Section 171F had two procedural classifications. Undue influence was non-cognizable, while personation was cognizable; both were bailable and triable by a Magistrate of the First Class.