Summarize briefly the provisions of the Indian Penal Code in respect of offences relating to elections.

Question: Summarize briefly the provisions of the Indian Penal Code in respect of offences relating to elections.

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Answer

Chapter 24 under IPC provides for offences relating to Elections from Sections 171A to 171E. The very first provision (section 171A) in the chapter relates to the definition of ‘candidate’ and ‘electoral right’. Thereafter, the chapter details six offences in relation to elections. They are:

(1) Bribery and punishment, therefore (Sections 171B and 171E);

(2) Undue influence at an election (Sections 171C and 171F);

(3) Personation at election (Sections 171D);

(4) Making or publishing false statements (Sections171G);

(5) Illegal payments (Sections 171H), and

(6) Failure to keep election accounts (Sections 171-I).

Section 171A is a definition clause, which qualifies the election-related offences described in the sections following thereafter. It defines two key terms, namely ‘candidate’ (at an election) and ‘electoral right’. The first three offences, namely, bribery, undue influence, and personation, are considered grave enough to deserve imprisonment for a term of up to one year or fine. The other three offences, viz, making false statements about the personal character or conduct of a candidate, illegal payments in connection with an election, and failure to keep election accounts as required by law, are punishable with a fine only.

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