In Indian penal code, section 171A to 171I deals with any offences relating to elections. This chapter was inserted in the year 1920. The main purpose was to enact a view of providing the punishment for malpractices during elections. Thus, any kind of misconduct is avoided in such scenarios.
Offences Relating to Elections
The objective as mentioned above of this section is to avoid any malpractices related to elections. Also, it is an attempt to safeguard the franchise’s purity.
This section mentions the definition of electoral right and candidate. For this chapter, you can say that the definition of ‘candidate’ is a person who has been nominated as a representative at an election. Also, electoral right, in this context means the right for a person to stand. Furthermore, the person can also withdraw or not stand from being a candidate because of this right.
This section is for the bribery in the case of elections. If someone gives gratification to another person with the objective of inducing the other person in order to exercise the electoral right than it is called bribery.
Basically rewarding someone for exercising any right. Also, if a person accepts for other person or for himself any reward in exchange of electoral right is also deemed as bribery.
The person who agrees to have or offers to give a gratification is deemed as giving a gratification. Some of the ingredients of this section are an accused that give gratification to another person.
Also, this gratification is only given to influence to electoral right. Furthermore, declaring any promise or public policy is not considered as an offence in this section.
This section states taking undue influence at the time of elections. The section is used when someone voluntarily influences or interferes the free exercise for any electoral right.
Thus, this person that is said to have committed undue influence at the time of the election. Also, when someone threatens the voter or a candidate, with an injury is punished under this section.
Although when someone declares a promise or a public policy without any intent to interfere with an electoral right is not included. This person is not deemed to interfering within the meaning of this section.
Some of the ingredients of this section are
- A person who voluntarily attempts or interferes the exercise of any electoral right.
- Also, such an act voluntary includes threat given to any candidate or another person with the intent of injury.
- Also, it includes attempting or inducing a voter or candidate that they will become the object of spiritual censure.
If a person in an election applies for a voting paper based on votes is said to have committed an offence in the election. Also, the person can be dead, alive or in a fictitious manner.
The person can have voted once in the election under his own name also qualifies for this. The ingredients for the section is:
- When the person has voted once in the election he is said to be applying for another voting paper.
- The person has abetted or attempted the procurement of any person’s voting.
- The person who is accused applies for a ballot paper in an election. And if that person votes by the name of another person are said to have committed an offence.
Solved Example on Offenses Relating to Elections
Q. In which section does the personation of an election is dealt with? offence
A. Section 171A of IPC
B. The section 171C of IPC
C. Section 171D of IPC
D. Section 171F of IPC
Answer: D. Section 171F of IPC