Bharatiya Nyaya Sanhita: Section 176 – Illegal payments in connection with an election

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 obtains 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.

Simplified Explanation

This section addresses illegal payments or expenses incurred in connection with an election without proper authority from the candidate.

Key Provisions

1. Offense Description:
   • Whoever, without the general or special authority in writing of a candidate, incurs or authorizes any expenses in relation to:
     • Public meetings held for promoting the candidate’s election,
     • Advertisements, circulars, or publications, or
     • Any other way of promoting or procuring the election of the candidate,
   • Shall be punished with a fine not exceeding ten thousand rupees.
2. Exception to the Rule:
   • If a person incurs expenses not exceeding ten rupees without authority and subsequently obtains the written approval of the candidate within ten days from the date of incurring such expenses, the person shall be deemed to have incurred the expenses with the authority of the candidate.

Explanation of Terms

1. General or Special Authority in Writing:
   • This refers to obtaining either a blanket approval (general authority) or specific approval (special authority) in writing from the candidate for incurring expenses in connection with the election.
2. Expenses for Promoting Election:
   • The section covers any expenses that are incurred for activities such as organizing public meetings, advertisements, and publications, or any form of financial outlay aimed at promoting or influencing the election of a candidate.
3. Public Meetings and Advertisements:
   • These could include rallies, press releases, pamphlets, or any other form of public outreach that is aimed at securing votes or increasing the visibility of the candidate.
4. Ten-Rupee Limit:
   • A person who incurs an expense not exceeding ten rupees without prior approval can retroactively seek the candidate’s approval within ten days. If the approval is granted, the expenses will be deemed to have been authorized from the outset.

Purpose and Rationale

1. Prevent Unauthorized Expenditures:
   • The main objective of this provision is to prevent the misuse of funds or the incurring of illegal expenses during an election. It ensures that all election-related expenses are properly accounted for and authorized, preventing any undue influence or fraudulent practices.
2. Accountability and Transparency:
   • By requiring candidates to provide written authority for such expenses, this section promotes accountability and transparency in the election process. This prevents electioneering activities that might be hidden or that could otherwise violate campaign finance laws.
3. Control Over Campaign Finances:
   • It also helps maintain control over the financial aspect of the campaign, ensuring that no one spends money on behalf of a candidate without their explicit permission, which could lead to illegal or unregulated campaigning.
4. Grace Period for Small Expenses:
   • The provision of a ten-rupee exception allows for minor expenses that may arise unexpectedly in the course of campaigning, as long as the candidate approves them promptly. This gives flexibility while ensuring accountability.

Examples of Offenses Under This Section

1. Unauthorized Advertisement:
   • A supporter of a candidate takes it upon themselves to publish an advertisement in a local newspaper promoting the candidate, without first obtaining written consent from the candidate. This would be an offense under this section unless the candidate approves the expenditure.
2. Organizing a Meeting Without Approval:
   • A person organizes a public meeting or rally for a candidate, without getting prior written permission from the candidate for the costs associated with the event, such as venue rental or refreshments. If not authorized, this would violate this section.
3. Illegal Campaign Expenses:
   • A volunteer spends money on campaigning materials (such as posters or banners) without getting written approval from the candidate, resulting in an illegal expense.

Punishment for Offenders

• The punishment for incurring illegal campaign expenses under this section is a fine, which may extend up to ten thousand rupees. The fine is meant to deter unauthorized spending and ensure that only authorized individuals or entities handle campaign funds.

Conclusion

Section 176 of the Bharatiya Nyaya Sanhita 2023 establishes clear guidelines about unauthorized spending in connection with election campaigns. By requiring written authority for election-related expenses, the section aims to maintain control over campaign finance, promote transparency, and prevent illicit financial activities during the election process. The provision ensures that campaign funds are used properly and legally, with an exception for minor expenditures that are retroactively approved within a set timeframe.