Introduction:
The Indian Penal Code, Chapter IX A, Section 171A to 171I deals with offences relating to elections. The main purpose is to provide punishment for malpractices during election so that any kind of misconduct is avoided. Corrupt practices and offences related to election such as bribery, undue influence etc., interfere in the free exercise of right to vote.
Elections are considered to be a process to achieve democracy. India is having a constitution that guarantees a democratic republic to its citizens. Various provisions under the Representation People Act, 1951 and the IPC discusses electoral offences.
Section 171A :- "Candidate" "Electoral right" defined.
Candidate means a person who has been nominated as a candidate at any election.
Electoral right means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at any election.
Section 171B.: - Bribery.
Whoever gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or accepts either for himself or for any other person any gratification is bribery.
Section 171C :- Undue influence at elections.
A person who voluntarily attempts or interferes the exercise of any electoral right.
Threat given to any candidate or another person with intent of injury.
Section 171D : - Personation at elections.
Voted once and applying for another voting paper.
Attempting for any person's voting.
Voting by name of another person.
Section 171E :- Punishment for bribery.
Whoever commits the offence of bribery should be punished.
Non cognizable, Bailable & Non - compoundable offence.
Triable by Magistrate of the First Class.
Punishment: Imprisonment for 1 year, or fine, or both.
Section 171F :- Punishment for undue influence or personation at an election.
Non cognizable, Bailable & Non - compoundable offence.
Triable by Magistrate of the First Class.
Punishment: Imprisonment for 1 year, or fine, or both.
Section 171G :- False statement in connection with an election
Non cognizable, Bailable & Non - compoundable offence.
Triable by Magistrate of the First Class.
Punishment: Fine.
Section 171H :- Illegal payments in connection with an election.
Non cognizable, Bailable & Non - compoundable offence.
Triable by Magistrate of the First Class.
Punishment: Fine of Rs.500/-
Section 171I :- Failure to keep election accounts.
Non cognizable, Bailable & Non - compoundable offence.
Triable by Magistrate of the First Class.
Punishment: Fine of Rs.500/-
Previous Cases:
In the case of S.Khader Vs .Muneshwan (1995) AIR 775 SC, an election has been declared as void for the reason that the petitioner had spent an amount higher than the prescribed ceiling amount of Rs.8000/-
In the case S.Iqbal Vs. S.Gutaday Singh 1976 AIR 27 SC,
the term 'gratification' connotes to a form of gift which ensures the person receiving it with some material advantage.
In the case of Ram Dial Vs. Santi Lal (1959) AIR SC 855, Supreme Court considered the issue of whether an act will amount to 'undue influence' only when it results into producing some actual effects.
The court ruled that in Indian Law unlike an English Law, the importance is given to the commission of the act and it is immaterial of any actual effect is produced as a result of it. The candidature of the appellant Ram Dial has been set aside for the reason that he had approached some religious leaders for the election.
In the case of Raj Raj deb Vs. Gangadhar AIR 1964 Ori.1,
the candidate informed the voters that he was Cjalarsi Vishnu and representative of the Lord Jagannath himself and that any person who did not vote for him would be sinner against Lord and Hindu Religion. The court held that the propaganda amount to offence as under Sec.171F.
Conclusion:-
Free and fair elections are the foundations of democratic form of Government.
Action must be taken against any person who commits corrupt practices or electoral offences.
Severe punishments to be given and amount of fine should be increased.
Election Commissioner must ensure that the model code of conduct is followed.
