Code:
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 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.
Explanation:
This section criminalizes the act of giving or taking any gratification, whether in cash or kind, to or from any person for the purpose of inducing a person to stand for or refrain from standing for election, or to induce a person to vote or refrain from voting at an election, or for any other corrupt purpose related to elections. The act of receiving or demanding any such gratification is also made illegal under this section.
Illustration:
- A candidate offers money to voters in exchange for their votes.
- A person promises a job to someone if they vote for a particular candidate.
- A candidate provides free food and alcohol to voters on the day of the election.
- A political party pays a person to disrupt the election process.
Common Questions and Answers:
Q: What is the punishment for violating Section 171H of the IPC?
A: The punishment for violating Section 171H of the IPC can be imprisonment for up to one year, or a fine, or both.
Q: Who can be held liable under this section?
A: Both the person giving or taking gratification can be held liable under this section. This includes candidates, political parties, and individuals.
Q: Is there any exception to this section?
A: No, there is no exception to this section.
