Code : Section 176
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.
📖Explanation of Section 176 BNS
Section 176 of the Bharatiya Nyaya Sanhita, 2023 aims to prevent unauthorized expenses during election campaigns. It ensures that no one, other than the candidate or their authorized agents, can spend money to promote or support the candidate without written permission.
This provision helps maintain transparency in election expenditures and curbs hidden or unfair election funding.
Key Highlights
- Any person spending money to promote a candidate without written authority commits an offence.
- Fine can extend up to ₹10,000.
- If the expenditure is ₹10 or less and written approval is obtained within 10 days, no offence is committed.
Illustration
Example:
Mr. X arranges a public meeting to support Candidate Y and spends ₹3,000 without Candidate Y’s written consent. Mr. X will be punished under Section 176 BNS.
However, if Mr. X spent ₹8 and later got Candidate Y’s written approval within 10 days, it would not be treated as an offence.
Common Questions & Answers
1. What is considered an illegal payment under Section 176 BNS?
Any election-related expenditure made without the written approval of the candidate is an illegal payment.
2. What is the punishment under Section 176 BNS?
The offender can be fined up to ₹10,000.
3. Is there any exception to this rule?
Yes. If the amount spent is ₹10 or less and the candidate’s written approval is obtained within 10 days, it will not be considered an offence.
4. Why is this section important?
It ensures election campaigns are free from hidden or unauthorized funding and promotes accountability.
5. Can small unauthorized expenses be regularized?
Yes. If the amount is ₹10 or less and approved in writing by the candidate within 10 days, it will not attract punishment.
Related Sections (Clickable Internal Links)
You may also want to read:
- 👉 Section 172 BNS – Failure to Keep Election Accounts
- 👉 Section 173 BNS – Bribery at Election
- 👉 Section 174 BNS – Punishment for Undue Influence or Personation at Election
- 👉 Section 175 BNS – False Statement in Connection with an Election
Conclusion
Section 176 of BNS is crucial in ensuring clean and transparent elections. By penalizing unauthorized campaign expenses, it safeguards democratic values and prevents misuse of money in influencing voters.
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