BNS SECTION 176: Illegal Payments in Connection With an Election
Section 176 of BNS is part of Chapter 8 - offences relating to elections in Bharatiya Nyaya Sanhita 2023 Act. It deals with the issue of illegal payments made in connection with elections. This provision aims to prevent corrupt practices during the election process, specifically focusing on payments made to influence voters or candidates.
Definition of BNS Section 176
Section 176 of the BNS 2023 States:
Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to ten thousand rupees:
Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtained within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.
Explanation and Illustration of BNS Section 176
The relevant provisions under Section 176 of the Bharatiya Nyaya Sanhita, 2023, deal with illegal payments in connection with an election. Here, it has been criminalised that money or any other illegal gratification shall be offered or received to influence the result of the election, such as a bribery of a voter, candidate, or any election official.
The law is designed to maintain the integrity of the electoral process by ensuring that elections are not swayed by financial inducements, thus promoting a fair and free election system. Violations under this section are punishable by law, aiming to discourage corrupt practices during elections.
Illustration of Section 176:
Suppose a candidate is giving a voter a certain amount of money in exchange for voting for him in an election. If illegal monetary incentives are given to the candidate or a third party for influencing electoral choices, this will fall under Section 176 of the BNS, 2023. Here, although the giver and the taker can be prosecuted under an offence as their action nullifies the equity of the electoral process. Such acts would be punished with fines or other legal measures.
Key Points in Section 176
Illegal Payments: This section defines illegal payments as any expenses related to election activities that are incurred without the candidate’s written authorisation. These expenses may include:
Authority Requirement: Anyone who incurs or authorises such expenses must have either a general or special written authorisation from the candidate. Without this authorization, the expenses are considered illegal and unauthorised.
Violators may face a fine up to ₹10,000, enforcing accountability in campaign spending.
Exception Clause: If a person incurs expenses under ten rupees without prior authorisation, they have ten days to obtain the candidate's written approval. If the approval is obtained within this period, the expenses will be considered authorised and therefore legal.
Differences Between Section 176 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 176 of BNS and its equivalent IPC section 171H focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 176 | Illegal payment in connection with an election. | 171H | Upper limit of fine is increased from |
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FAQs about Section 176 of the Bharatiya Nyaya Sanhita (BNS)
Can unauthorised expenses be justified?
Yes, if the person incurring the unauthorised expenses (not exceeding ten rupees) obtains written approval from the candidate within ten days, the expenses are considered authorised and legal
What happens if someone incurs unauthorized expenses over ten rupees?
If expenses exceed ten rupees and no authorization is obtained, they cannot be legitimized even if approval is obtained later
Is this offense cognizable or non-cognizable?
The offense under Section 176 is non-cognizable, meaning it cannot be investigated without the approval of a magistrate
Is the offense under Section 176 bailable?
Yes, the offense is bailable, allowing the accused person to seek bail after being charged
Who is authorised to try cases under Section 176?
Cases under this section are triable in the Magistrate's court of the first class
Can someone challenge the fine imposed under Section 176?
Yes, the person fined can challenge the fine in court if they believe it was wrongfully imposed
Are there any exceptions to the fine for unauthorized expenses?
Yes, if expenses do not exceed ten rupees and the person obtains written approval from the candidate within ten days, no fine is imposed.
