Offences Relating to Elections under BNS: Chapter IX Sections 169 to 177 and Landmark Cases

Democracy depends on the integrity of elections. When voters are bribed, coerced, deceived, or impersonated, the democratic mandate is corrupted, and the government that emerges lacks genuine legitimacy. The Bharatiya Nyaya Sanhita, 2023, protects the integrity of elections through Chapter IX, nine provisions across Sections 169 to 177. The chapter defines the specific electoral offences (bribery, undue influence, personation, false statements, illegal payments, and failure to keep election accounts) and provides the punishments. These provisions operate alongside the Representation of the People Act, 1951, which provides the primary framework for election law, and various rules governing electoral conduct. This module walks through each section, the constitutional framework of Article 324 and Article 326, the Election Commission's role, and the leading cases from Indira Nehru Gandhi to Kanchan Chowdhary.

1. Introduction

Democracy and election integrity

The Constitution of India establishes a parliamentary democracy in which the political legitimacy of the government flows from free and fair elections. Where the electoral process is corrupted through bribery, coercion, deception, or impersonation, the democratic mandate itself is undermined. The criminal law of electoral offences is one of the tools by which the state protects the integrity of elections.

Chapter IX in the broader election law framework

Chapter IX BNS forms one component of a multi-layered election law framework:

Constitution: Articles 324 to 329 (Election Commission, universal adult suffrage, judicial review of elections).
Representation of the People Act, 1950: preparation of electoral rolls.
Representation of the People Act, 1951: conduct of elections, election disputes, corrupt practices, and disqualifications.
Election Rules and Election Commission orders: detailed procedural framework.
Chapter IX BNS: criminal offences and their punishments.
Model Code of Conduct: voluntary code administered by the Election Commission.

The Representation of the People Act, 1951

The Representation of the People Act, 1951 (RPA), is the principal election law statute. It defines corrupt practices at elections (bribery, undue influence, appeal on religious or communal grounds, promotion of enmity between classes, publishing false statements, promoting or attempting to promote hatred). It provides for the trial of election petitions by High Courts. It provides for the disqualification of persons found guilty of corrupt practices.

Chapter IX BNS operates alongside the RPA. The RPA's corrupt practices are largely mirrored in the BNS offences, but the BNS provides for the criminal law consequences (fine and imprisonment) while the RPA provides for the electoral consequences (setting aside of election, disqualification).

2. Section 169 BNS: Definitions

Text of Section 169

Section 169 BNS (formerly Section 171A IPC)

For the purposes of this Chapter:

(a) 'candidate' means a person who has been nominated as a candidate at any election;
(b) 'electoral right' means the right of a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate or to vote or refrain from voting at an election.

Definition of candidate

A candidate is a person who has been nominated for an election. Nomination is the formal step by which a person becomes a candidate: the filing of nomination papers with the Returning Officer within the specified period. Before nomination, a person may be a prospective candidate but is not a candidate for the purposes of Chapter IX. After withdrawal or rejection of nomination, the person ceases to be a candidate.

Definition of electoral right

Electoral right is the right of a person to:

Stand or not stand as a candidate.
Withdraw or not withdraw from being a candidate.
Vote or refrain from voting at an election.

The definition is broad. It captures both positive electoral participation (standing, voting) and the negative right (refraining from standing, refraining from voting). This is significant because bribing or coercing someone not to stand or not to vote is as much an electoral offence as bribing them to do the opposite.

3. Section 170 BNS: Bribery

Text of Section 170

Section 170 BNS (formerly Section 171B IPC)

(1) Whoever:

(i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or
(ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right,

commits the offence of bribery.

Explanation. A person who offers, or agrees to give, or offers or attempts to procure a gratification shall be deemed to give a gratification. A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.

The two clauses

Section 170(1)(i): giving gratification. Applies to persons who give bribes to induce electoral conduct or reward it.
Section 170(1)(ii): accepting gratification. Applies to persons who accept bribes for their own electoral conduct or for inducing others.

The four illustrations

The Explanation to Section 170 provides four instances of deemed giving or accepting:

Offering to give: even a mere offer, without actual delivery, is deemed giving.
Agreeing to give: an agreement without delivery is deemed giving.
Offering to procure: an offer to arrange the gratification is deemed giving.
Accepting as motive: accepting even where the recipient does not intend to do the promised act is deemed acceptance.

These deeming provisions ensure that electoral bribery cannot escape criminal liability through technical arguments about delivery or performance.

Distinction from ordinary bribery

Electoral Bribery	General Bribery
Section 170 BNS (electoral bribery).	Section 111 (organised crime), Section 61 (conspiracy), and other general provisions.
Gratification for exercising or not exercising an electoral right.	Gratification for any illegal or corrupt purpose.
Punishment: up to 1 year or fine or both (Section 173 BNS).	Various punishments depending on the specific provision.
Applies only in the electoral context.	Applies generally.

4. Section 171 BNS: Undue Influence at Elections

Text of Section 171

Section 171 BNS (formerly Section 171C IPC)

(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.

(2) Without prejudice to the generality of the provisions of sub-section (1), whoever:

(i) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with any kind of injury; or
(ii) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure,

shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).

(3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.

The definition

Undue influence is voluntarily interfering, or attempting to interfere, with the free exercise of any electoral right. The interference must be voluntary (not accidental) and must be directed at the electoral right.

The five illustrative acts

Threatening candidates or voters with injury.
Threatening injury to persons in whom candidates or voters are interested.
Inducing belief in Divine displeasure or spiritual censure. This addresses the specific concern of religious appeals that manipulate voters through fear of supernatural consequences.
Threats extended by association with religious authority.
Any other conduct interfering with free exercise of electoral rights.

The lawful influence exception

Section 171(3) provides an important exception: declarations of public policy, promises of public action, and the mere exercise of a legal right are not undue influence, provided they are without intent to interfere with an electoral right. This protects:

Campaign manifestos and policy declarations.
Promises of legislative or administrative action if elected.
Ordinary campaigning, canvassing, and political persuasion.
The exercise of legal rights (e.g., a newspaper endorsing a candidate).

5. Section 172 BNS: Personation at Elections

Section 172 BNS (formerly Section 171D IPC)

Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election:

Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force in so far as he votes as a proxy for such elector.

Section 172 punishes personation: voting or applying to vote:

In the name of another person (living or dead).
In a fictitious name.
A second time at the same election in one's own name.

Abetment, procurement, or attempted procurement of personation is also covered. A proviso protects proxy voting authorised by law (typically for service voters).

6. Section 173 BNS: Punishment for Bribery

Section 173 BNS (formerly Section 171E IPC)

Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both, or with community service:

Provided that bribery by treating shall be punished with fine only.

Explanation. 'Treating' means that form of bribery where the gratification consists in food, drink, entertainment or provision.

Section 173 punishes bribery under Section 170. Ordinary bribery: up to one year, or fine, or both, or community service. Bribery by treating (providing food, drink, entertainment, or other provision): fine only, reflecting the classical treatment of such conduct as less serious than direct cash bribery.

7. Section 174 BNS: Punishment for Undue Influence or Personation

Section 174 BNS (formerly Section 171F IPC)

Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Section 174 punishes both undue influence (Section 171) and personation (Section 172). Punishment: up to one year, or fine, or both. This is the same range as bribery, reflecting the parallel treatment of the three main electoral offences.

8. Section 175 BNS: False Statement in Connection with an Election

Section 175 BNS (formerly Section 171G IPC)

Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.

Section 175 addresses false statements about candidates. Ingredients:

Statement made or published.
Purporting to be a statement of fact.
False, and the maker knows or believes it to be false, or does not believe it to be true.
In relation to the personal character or conduct of a candidate.
With intent to affect the result of the election.

Punishment: fine (no specified maximum). The provision addresses the specific evil of character assassination campaigns during elections.

9. Section 176 BNS: Illegal Payments

Section 176 BNS (formerly Section 171H IPC)

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 where 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.

Section 176 addresses unauthorised electoral expenditure. Where a person incurs election-related expenses without the written authority of the candidate, and without subsequent ratification (which is deemed authority for small amounts), the person is punishable with fine up to ten thousand rupees. The section supports the electoral expenditure ceiling framework by ensuring that all expenses go through the candidate's authorised structure.

10. Section 177 BNS: Failure to Keep Election Accounts

Section 177 BNS (formerly Section 171I IPC)

Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five thousand rupees.

Section 177 punishes failure to maintain election accounts. Candidates are required by the RPA and Election Commission rules to maintain accounts of election expenses. Failure to do so attracts fine up to five thousand rupees under this section, in addition to the RPA consequences (which may include disqualification).

11. Constitutional and Statutory Framework

Article 324: Election Commission

Article 324 establishes the Election Commission of India, an independent constitutional body responsible for superintendence, direction, and control of elections to Parliament and state legislatures, and the offices of President and Vice-President. The Election Commission has broad powers to enforce free and fair elections. It issues the Model Code of Conduct and administers the Representation of the People Acts.

Article 326: universal adult suffrage

Article 326 provides that elections to the House of the People and the Legislative Assemblies of every State shall be on the basis of adult suffrage: every person who is a citizen of India and who is not less than eighteen years of age shall be entitled to be registered as a voter, subject to disqualifications.

The Representation of the People Acts

The Representation of the People Act, 1950, and the Representation of the People Act, 1951, provide the principal statutory framework:

The 1950 Act: preparation and revision of electoral rolls.
The 1951 Act: conduct of elections, corrupt practices, election disputes, and disqualifications.

Chapter IX BNS operates alongside these Acts. The RPA provides electoral consequences (setting aside of election, disqualification of the candidate); the BNS provides criminal consequences (fine and imprisonment). Both may be invoked in the same case.

12. Landmark Cases and Consolidated Judgments

📖 Indira Nehru Gandhi v. Raj Narain, (1975) 2 SCC 159

The Supreme Court considered election petition proceedings under the RPA. The Court held that the corrupt practices under the RPA, including those mirroring the BNS Chapter IX offences, are strictly enforced. Rule: strict enforcement of electoral integrity provisions.

📖 S. R. Bommai v. Union of India, (1994) 3 SCC 1

A nine judge Constitution Bench of the Supreme Court considered the constitutional framework for federalism. The judgment addressed the Election Commission's role and the integrity of electoral processes as fundamental features of the constitutional order. Rule: electoral integrity as constitutional value.

📖 Kanchan Chowdhary v. Chief Election Commissioner, (2004) 8 SCC 646

The Supreme Court considered a case of alleged undue influence during elections. The Court applied the framework of Section 171C IPC (now Section 171 BNS) and elaborated the ingredients. The Court held that religious appeals aimed at causing voters to believe they would suffer divine displeasure or spiritual censure fall squarely within the section. Rule: strict enforcement of restrictions on religious appeals.

📖 Union of India v. Association for Democratic Reforms, (2002) 5 SCC 294

The Supreme Court held that voters have a right to know the background of candidates (criminal record, assets, education). This right is protected by Article 19(1)(a) freedom of speech. The judgment led to affidavit requirements for candidates and influenced the interpretation of Section 175 BNS (false statements) and related provisions. Rule: voters' right to know.

📖 Abhiram Singh v. C. D. Commachen, (2017) 2 SCC 629

The Supreme Court considered the interpretation of Section 123(3) of the RPA (appeal on religious or communal grounds as corrupt practice). The Court held that such appeals are prohibited whether they invoke the religion of the candidate, the voter, or any third party. Rule: broad interpretation of the prohibition on religious appeals.

📖 Manoj Narula v. Union of India, (2014) 9 SCC 1

The Supreme Court considered the appointment of ministers with criminal antecedents. The Court laid down guidelines on the propriety of such appointments, reflecting the broader concern with electoral and political integrity. Rule: constitutional propriety in political appointments.

📖 Rajendra Prasad v. Election Commission of India, (2003) SCC OnLine SC 1263

The Supreme Court considered the Election Commission's powers to enforce the Model Code of Conduct and related electoral norms. The Court affirmed the Commission's broad enforcement powers. Rule: Election Commission's constitutional and statutory authority.

📖 Ashwini Kumar Upadhyay v. Union of India, (2020) 12 SCC 649

The Supreme Court considered various petitions on electoral reform and the disclosure of criminal antecedents by candidates. The Court issued directions strengthening the disclosure framework. Rule: enhanced disclosure requirements for candidates.

Consolidated Landmark Judgments

Indira Nehru Gandhi v. Raj Narain, (1975) 2 SCC 159. Strict enforcement of electoral integrity.
S. R. Bommai v. Union of India, (1994) 3 SCC 1. Federalism and electoral integrity as constitutional values.
Kanchan Chowdhary v. Chief Election Commissioner, (2004) 8 SCC 646. Religious appeals as undue influence.
Union of India v. Association for Democratic Reforms, (2002) 5 SCC 294. Voters' right to know.
Abhiram Singh v. C. D. Commachen, (2017) 2 SCC 629. Broad prohibition on religious appeals.
Manoj Narula v. Union of India, (2014) 9 SCC 1. Ministers with criminal antecedents.
Rajendra Prasad v. Election Commission of India, (2003) SCC OnLine SC 1263. Election Commission's authority.
Ashwini Kumar Upadhyay v. Union of India, (2020) 12 SCC 649. Enhanced disclosure requirements.
Kihoto Hollohan v. Zachillhu, (1992) Supp 2 SCC 651. Constitutional framework for anti-defection.
Ram Jethmalani v. Union of India, (2011) 8 SCC 1. Election-related money and black economy.
Public Interest Foundation v. Union of India, (2019) 3 SCC 224. Criminalisation of politics.
Common Cause v. Union of India, (2018) 5 SCC 1. Electoral reform petitions.
Chief Election Commissioner v. M. R. Vijayabhaskar, (2021) SCC OnLine SC 358. Election Commission's role during pandemic.

Frequently Asked Questions

What is Chapter IX of the BNS?

Chapter IX of the Bharatiya Nyaya Sanhita, 2023, contains nine provisions criminalising electoral misconduct (Sections 169 to 177). Section 169 provides definitions of candidate and electoral right. Section 170 defines bribery. Section 171 defines undue influence. Section 172 defines personation. Sections 173 and 174 provide punishments for these three main offences (up to one year and fine). Section 175 addresses false statements about candidates. Section 176 punishes unauthorised electoral expenditure. Section 177 punishes failure to keep election accounts. The chapter operates alongside the Representation of the People Act, 1951.

What is bribery under Section 170 BNS?

Section 170 BNS (formerly Section 171B IPC) defines electoral bribery. It applies to (i) giving gratification to induce any person to exercise any electoral right or to reward such exercise; and (ii) accepting gratification for exercising or inducing others to exercise any electoral right. The Explanation includes offers, agreements, and attempts as deemed giving; and includes attempts to obtain, agreements to accept, and acceptance without intention to perform, as deemed accepting. Punishment: up to one year or fine or both (Section 173). Bribery by treating (food, drink, entertainment) is punishable with fine only.

What is undue influence under Section 171 BNS?

Section 171 BNS defines undue influence as voluntarily interfering, or attempting to interfere, with the free exercise of any electoral right. It specifically includes: threats of injury to candidates or voters or persons in whom they are interested; and inducing belief in Divine displeasure or spiritual censure. However, declarations of public policy, promises of public action, and the mere exercise of a legal right are not undue influence. This exception protects ordinary campaigning while prohibiting coercive interference.

What is personation at elections under Section 172 BNS?

Section 172 BNS punishes personation: voting or applying to vote in the name of another person (living or dead), in a fictitious name, or a second time at the same election in one's own name. Abetment, procurement, or attempted procurement of personation is also covered. A proviso protects proxy voting authorised by law. Punishment (under Section 174): up to one year, or fine, or both.

How do Chapter IX BNS offences relate to the Representation of the People Act?

Chapter IX BNS offences largely mirror the corrupt practices under the Representation of the People Act, 1951. The two operate in parallel: the BNS provides criminal consequences (fine and imprisonment), while the RPA provides electoral consequences (setting aside of election, disqualification of candidate). Both may be invoked in the same case. Election petitions under the RPA are tried by High Courts; criminal prosecutions under Chapter IX BNS are tried by magistrates.

What is the treatment of religious appeals at elections?

Section 171 BNS specifically deems inducing belief in Divine displeasure or spiritual censure to be undue influence. Corrupt practices under Section 123(3) of the Representation of the People Act, 1951, include appeals on religious or communal grounds. In Abhiram Singh v C D Commachen, (2017) 2 SCC 629, a seven judge Bench of the Supreme Court held that such appeals are prohibited whether they invoke the religion of the candidate, the voter, or any third party. The broad interpretation reflects the constitutional commitment to secular electoral practice.

Election Offences Chapter IX BNS