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Election Related Offences in Bharatiya Nyaya Sanhita, 2023

Election-related offences include bribery, exerting improper influence, impersonating voters, inciting animosity between groups, spreading misleading information to manipulate election outcomes, engaging in corrupt practices (like exploiting religion or caste), and breaching spending laws etc.

These actions jeopardize the integrity of the electoral process and can result in severe legal consequences, including disqualification from electoral participation, fine and imprisonment. By eroding public trust, such misconduct poses a significant threat to democracy and underscores the importance of implementing strict measures to guarantee fair elections. Safeguarding the electoral system is crucial for fostering a just society and preserving citizen confidence in governance.

Election Related Offences Under Bharatiya Nyaya Sanhita, 2023:

Section 169 BNS - Candidate, Electoral Right defined:
  1. The term "candidate" refers to an individual who has been officially nominated to participate in an election.
  2. The phrase "electoral right" denotes an individual's entitlement to either run for office, choose not to run, withdraw their candidacy, or decide whether to vote or abstain from voting in an election.

Section 170 BNS - Bribery in Election:

  1. Anyone who:
    • provides a benefit to any individual with the intention of persuading them or another person to exercise an electoral right, or to reward someone for having exercised such a right; or
    • accepts a benefit for themselves or on behalf of another as compensation for exercising such a right or for persuading or attempting to persuade another person to exercise it, is committing the offence of bribery. However, it is noted that a declaration of public policy or a commitment to public action does not constitute an offence under this section.
  2. A person who offers, agrees to provide, or attempts to arrange for a benefit will be considered to have given a benefit.
  3. A person who receives, agrees to accept, or tries to obtain a benefit will be regarded as having accepted a benefit. Furthermore, if someone accepts a benefit as an incentive to do something they do not plan to do or as a reward for something they have not done, they will be deemed to have accepted the benefit as a reward.

Section 171 BNS - Undue influence at Elections:

  1. Any person who voluntarily disrupts or attempts to disrupt the free exercise of any electoral right is guilty of the offence of undue influence in an election.
  2. In addition to the general provisions outlined in subsection (1), any individual who:
    • threatens a candidate, voter, or anyone closely associated with them with harm of any sort; or
    • persuades or tries to persuade a candidate or voter to believe that they, or someone close to them, will be subjected to divine wrath or spiritual condemnation - shall be considered as interfering with the free exercise of that candidate or voter's electoral rights as defined in subsection (1).
  3. A statement of public policy, a commitment to public action, or simply exercising a legal right without the intention of infringing upon an electoral right will not be regarded as interference under this section.
Section 172 BNS - Personation at Elections:
Any individual who applies for a voting paper at an election in the name of another person - whether that person is living or deceased - or under a fictitious identity, or who votes once and then seeks another voting paper in their own name during the same election, is committing the offence of personation at an election. This also applies to anyone who aids, encourages, or attempts to facilitate voting by another person in such a manner.

However, this section does not pertain to individuals who are authorized to vote as proxies for electors in accordance with any existing law, provided they are voting on behalf of that elector.

Section 173 BNS - Punishment for Bribery:
Anyone who engages in bribery shall face imprisonment of any kind for a duration of up to one year, a monetary fine, or both. However, bribery involving treating will result in a fine only.

Clarification: "Treating" refers to a type of bribery where the incentive includes food, beverages, entertainment, or accommodations.

Section 174 BNS - Punishment for undue influence or personation at an Election:
Anyone found guilty of exerting undue influence or personation during an election shall face a penalty of imprisonment for a duration of up to one year, or may be required to pay a fine, or face both penalties.

Section 175 BNS - False statement in connection with an Election:
Any individual who, with the intent to influence the outcome of an election, creates or disseminates a statement that claims to be a factual assertion but is false - and that they either know to be false, believe to be false, or do not hold to be true - regarding the personal character or behaviour of any candidate, shall be subject to a fine.

Section 176 BNS - Illegal payments in connection with an Election:
Any individual who, without the general or specific written permission of a candidate, incurs or authorizes expenses related to the organization of a public meeting, or for any advertisement, circular, publication, or any other means aimed at promoting or securing the election of that candidate, shall face a fine of up to ten thousand rupees.

However, if a person incurs expenses that do not exceed ten rupees and subsequently receives written approval from the candidate within ten days of incurring those expenses, it shall be considered that such expenses were authorized by the candidate.

Section 177 BNS - Failure to keep Election accounts:
Any individual mandated by current laws or regulations with legal authority to maintain records of expenses related to an election, who fails to do so, will face a fine of up to five thousand rupees.

Some other related sections of BNS which can be used in Election related offences:

Section 196 BNS - Advocating for or attempting to incite animosity or hatred based on religion, race, language, or caste:
Individuals who advocate for or attempt to incite animosity or hatred based on religion, race, language, or caste through any means - be it words, signs, electronic communication, or other methods - are subject to a potential prison sentence of up to three years, a monetary fine, or both. If such offences occur in a religious setting or during religious ceremonies, the penalty may escalate to a maximum of five years in incarceration, in addition to a fine.

Section 299 BNS - Deliberately and maliciously aiming to offend the religious feelings of any group of citizens in India:
Anyone who deliberately and maliciously aims to offend the religious feelings of any group of citizens in India - whether via spoken or written communication, signs, visual representations, digital platforms, or other methods - by insulting or attempting to insult that group's religion or beliefs faces imprisonment for up to three years, a fine, or both.

Section 353 BNS - Fabricating, publishing, or disseminating false information or alarming reports:
According to the Bhartiya Nyaya Sanhita, 2023, a person who fabricates, publishes, or disseminates false information or alarming reports through any medium, thereby instigating public fear or unrest or fostering discord among communities, may be subjected to imprisonment for up to three years, a fine, or both. If such conduct occurs in a place of worship or during religious ceremonies, the penalty can rise to as much as five years in prison and a fine.

Section 356 BNS - Defamation:
An individual who, through spoken words, signs, or written publications, creates or spreads statements intending to harm or knowing they could harm another person's reputation is committing defamation. Those convicted of this offence may face up to two years of simple imprisonment, a fine, or both.

Additionally, individuals who print or engrave defamatory content while aware of its potentially harmful implications may also be subjected to the same maximum penalties. Likewise, selling or attempting to sell such printed or engraved defamatory materials with knowledge of their nature can result in up to two years of simple imprisonment, a fine, or both.

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