Offences Relating to Elections
Free and fair elections form the foundation of any democratic society. For a democracy like India, maintaining the purity and transparency of the electoral process is essential to uphold the will of the people. However, elections are vulnerable to misuse, corruption, coercion, and unfair practices. This is why Indian Criminal Law, particularly the Indian Penal Code (IPC) and the Representation of the People Act (RPA), 1951, lays down several provisions to punish offences relating to elections. These laws ensure that electoral integrity is protected and that no individual or political entity gains an illegitimate advantage.
Meaning and Importance of Election-Related Offences
Election-related offences refer to acts that interfere with the conduct, fairness, or freedom of elections. These include bribery, undue influence, personation, false statements, illegal payments, booth capturing, and fraudulent acts committed during voting or campaigning. The purpose of criminalizing these acts is to ensure that elections reflect genuine public choice rather than manipulation.
Under Section 171A to 171I of the IPC, various offences relating to elections have been codified. The RPA, 1951 supplements these provisions by introducing stricter regulations on corrupt practices, electoral rolls, campaign financing, and booth capturing. Together, these laws aim to maintain free choice, prevent coercion, and punish fraud in the electoral process.
Bribery – Section 171B IPC
Bribery is one of the most common electoral offences. Under Section 171B IPC, bribery includes giving or accepting gratification in order to influence a person’s voting decision. Even offering money or gifts constitutes an offence, regardless of whether the vote is actually influenced.
Bribery threatens the very essence of democracy, as it undermines the free will of the voter. Indian courts have repeatedly emphasized that elections should reflect genuine will, not financial inducements. Under Section 171E IPC, the punishment for bribery may extend to one year imprisonment or fine or both. Under the RPA, bribery is also considered a corrupt practice, which can result in disqualification of a candidate.
Undue Influence – Section 171C IPC
Undue influence involves using threats, coercion, or pressure to force someone to vote or abstain from voting. This includes direct threats, spiritual censure, social boycott, or abuse of position to control voter behavior. Section 171C IPC penalizes any act that interferes with the free exercise of electoral rights.
Undue influence is particularly dangerous in rural or close-knit communities where influential individuals may dominate others. Punishment for undue influence is provided under Section 171F IPC, which may extend to one year imprisonment or fine.
Personation – Section 171D IPC
Personation means falsely voting in the name of another person. This may include voting as a deceased person, a non-resident, or someone who has already voted. It also includes attempts to impersonate. Personation is considered a serious electoral offence because it directly affects voter authenticity and ballot validity.
Under Section 171D IPC, personation is punishable under Section 171F IPC, with imprisonment up to one year or fine or both. The RPA also treats personation as a corrupt practice and makes it a ground for declaring an election void.
False Statements and Misleading Information
To prevent manipulation of public opinion, criminal law penalizes false statements made knowingly to influence election outcomes. Under Section 171G IPC, publishing false statements about a candidate’s character or conduct to affect election results is a punishable offence.
Additionally, the Representation of the People Act imposes penalties for making false statements in nomination papers, voter rolls, expenses, or affidavits. These offences ensure transparency and honesty in election documentation.
Illegal Payments and Failure to Maintain Accounts
Election financing is strictly regulated under the RPA. Illegal payments, unaccounted expenditure, and exceeding prescribed spending limits are punishable offences. Candidates must maintain accurate records of election expenses, failing which action may be taken under Sections 77 and 78 of the RPA.
Transparency in campaign financing is crucial to prevent undue advantage and maintain equality among candidates.
Booth Capturing – Section 135A of the RPA
Booth capturing is one of the gravest election offences. It includes taking control of a polling station by force, preventing voters from entering, or illegally casting votes in bulk. Under Section 135A of the Representation of the People Act, booth capturing can lead to imprisonment up to three years and fine.
Booth capturing has historically been a significant issue in certain regions, and strict legal provisions have been enacted to curb it.
Disorderly Conduct and Misconduct at Polling Stations
Under Section 131 and 132 of the RPA, disorderly behavior, campaigning within 100 meters of a polling booth, canvassing, or causing disturbances on the day of polling are punishable.
Such acts disrupt the peaceful environment required for free and fair voting.
Offences by Government Employees
Government employees on election duty are subject to strict penalties for misconduct, such as tampering with ballots, misreporting votes, or aiding illegal practices. These offences are punishable under Sections 134 and 136 of the RPA.
Public trust in the election machinery depends heavily on the integrity of officials.
Significance of Penalizing Election Offences
Criminalizing election offences ensures:
- Protection of voter autonomy
- Transparency of candidates and parties
- Equal opportunity for all candidates
- Purity of the electoral process
- Maintenance of democratic legitimacy
Strict enforcement of these provisions promotes trust in the democratic system.
Mnemonic to Remember “Election Offences”
“B U P F I B D O” — “Big UP Parties Fail If Booths Don’t Operate Fairly”
Where:
- B – Bribery
- U – Undue Influence
- P – Personation
- F – False Statements
- I – Illegal Payments
- B – Booth Capturing
- D – Disorderly Conduct
- O – Offences by Officials
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