X, who is a candidate for `parliamentary election’ distributes some sarees (a type of cloth which Indian women wear) among some women voters of his `parliamentary constituency’ on a condition that they will vote for him. Has A committed any offence under the Indian Penal Code?

Question: X, who is a candidate for 'parliamentary election’ distributes some sarees (a type of cloth which Indian women wear) among some women voters of his 'parliamentary constituency’ on a condition that they will vote for him. Has A committed any offence under the Indian Penal Code? Give reasons and also mention relevant provisions, if any, under the Indian Penal Code.

Find the answer to the mains question only on Legal Bites. [X, who is a candidate for 'parliamentary election’ distributes some sarees (a type of cloth which Indian women wear) among some women voters of his 'parliamentary constituency’ on a condition that they will vote for him. Has A committed any offence under the Indian Penal Code? Give reasons and also mention relevant provisions, if any, under the Indian Penal Code.]

Answer

Chapter 24 under IPC provides for offences relating to Elections from Sections 171A to 171E. The punishment for bribery and its punishment, therefore, is mentioned in ss 171B and 171E of the chapter.

Section 171B defines bribery as the giving or acceptance of gratification, either as a motive or as a reward, to any person to induce him to stand or not to stand as a candidate or to withdraw from the contest or to vote or not to vote at an election. Section 171E stipulates imprisonment for a period up to one year, or fine or both for a person convicted of committing the offence of bribery in the election.

The Supreme Court in Mohan Singh v. Bhanwarlal, [AIR 1964 SC 1366] considered the meaning of the term ‘gratification’ by referring to the explanation to section 123(1)(b) of the RPA, and observed that gratification, even by the above explanation, is not restricted to pecuniary gratifications or gratifications estimable in money, and it includes all forms of entertainment and all forms of employment for reward barring bona fide election expenses. Thus, the term ‘gratification’ may be taken to mean, ‘something valuable which is calculated to satisfy a person’s aim, object or desire, whether or not that thing is estimable in terms of money.

The term ‘gratification’ refers to some gift that gives a material advantage to the recipient.

Two tests were evolved to check out as to what would amount to an act of bribery:

• The first test was to see whether the gratification was calculated to satisfy a person’s aim, object or desire, and
• Secondly, whether the gratification would be of some value, even if the value was not estimable in terms of money.

The gratification need not merely be of value to the person offered, but also to anybody else. The gratification need not be offered directly by the candidate himself. Even if an agent, on the instigation of the candidate, offers any such gratification, it will be sufficient to invoke the section.

In the present case, X a candidate for 'parliamentary election’ when distributes some sarees (a type of cloth which Indian women wear) among some women voters of his 'parliamentary constituency’ on a condition that they will vote for him will cover under the definition of ‘bribery’ as an offence relating to an election under section 171B, IPC. Hence, X is liable for giving bribery to the women voters and must be convicted under section 171E.

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Important Mains Questions Series for Judiciary, APO & University Exams

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