BNS SECTION 176: Illegal Payments in Connection With an Election

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.

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