Whoever without the general or special authority in writing of a candidate incurs or authorizes 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 five hundred 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
Section 171H of the Indian Penal Code (IPC) addresses the offence of illegal payments concerning an election. This section ensures the transparency and fairness of electoral processes by penalizing unauthorized expenditures or financial transactions meant to influence the outcome. Here are the primary aspects of this section:
- Illegal Payments: This includes any expenditure or payment made in connection with an election that is not authorized by law or by the candidate or their election agent. It also covers the receipt of money for such unauthorized expenditures.
- Scope: The section aims to control the flow of money and prevent the use of financial means to unduly influence voters or the electoral process, including payments for organizing meetings, processions, or any other activity intended to affect the election outcome.
Is IPC Section 171H Bailable?
IPC Section 171H is a bailable offence. Individuals accused under this section generally have the right to be released on bail.
IPC Section 171H Punishment
The punishment for offences under IPC Section 171H includes imprisonment for a term extending to six months, with a fine, or with both.
Example of IPC Section 171H
A real-life example involving IPC Section 171H occurred during a state assembly election. A political party’s local committee was found organizing large-scale rallies and distributing merchandise without proper accounting or authorization from the candidate. This was discovered to be a strategy to indirectly influence voters through unauthorized expenditures. The individuals involved were charged under Section 171H for making illegal payments related to the election, leading to fines and legal actions to rectify the electoral discrepancies.
