The intention behind enacting this provision is to maintain and check and balance on the expenditure which is being incurred by the Candidates. It therefore consists in voluntary interference or attempts at interference with the free exercise of any electoral rights. “171D. The Commission recommended that the punishment for making any false statements reconsidered and enhanced because of the seriousness of the offence and its impact on the candidate and the entire election system. This would amount to undue influence as covered under Section 171C, punishable u/s. Apart from law, the other constant things in my life have been my sitar, art and swimming. Another important factor which may decide whether the act is punishable u/s. The Supreme Court took the definition of ‘Gratification’ by referring to Section 123(1)(b) of the Representation of Peoples Act and observed that gratification is not restricted to pecuniary gratification or that which are estimable in money, and would include all forms of entertainment and all forms of employment for reward barring bona fide election expenses. The parliamentary elections corrupt and illegal practices prevention acts, 1854 to 1883, with explanatory notes .. by Great Britain. It provides useful guidance on offences and practice. Laws, statutes, etc., 1837-1901 (Victoria); Conybeare, C. A. V. (Charles Augustus Vansittart) Every candidate sees himself as a viable candidate while contesting the elections and with this desire, the person himself and his party members may adopt certain unfair and corrupt practices in order to make their position. This would amount to undue influence as covered under Section 171C, punishable u/s. A circulated pamphlets as an anonymous partyin the Parliamentary hall thereby attacking the rival candidate. It implies false pretence. The Court clarified that unlike how it is in the English law, under the Indian law, what is material is not the actual effect produced, but the commission of such acts as are calculated to interfere with the free exercise of any electoral right. It criminalised attempts to bribe voters and standardised the amount that could be spent on election expenses. [10]KI Vibhute, PSA Pillai’s CRIMINAL LAW, 410 (12th edition, 2014), LexisNexis. Illegal payments in connection with an elections-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.”. Giri  AIR 1970 SC 2097. Such actions of undue influence have been made punishable u/s 171F with imprisonment of upto 1 year or with fine or both. It was a continuation of policy to make voters free from the intimidation of landowners and politicians. law dealing with elections and election finance – and, accordingly, in the Department’s enforcement approach in this area – since we last wrote on these subjects. This would amount to an offence as this interferes in conducting a fair election due to bribery. Therefore, It is commonly seen that election campaigns of candidates consists of certain misrepresentations, lies etc. London, SW1H 9EA. The essence of the offence thus is that the offender pretends to be other than what he really is. In such cases, corrupt motive is not required to be proven as he knew he was not entitled to cast the second vote. In 2002, Co ngress passed the B ipartisan Campaig n Reform Ac t (BCRA). However, it was essential to insert the provisions in IPC as they would apply not only to the Parliamentary elections but to every other kind of election, to the municipalities. Intimidation of voters and rigging on the polling day. It was designed and written as a practical guide to officers investigating election offences. © Copyright 2017 CPS. This together formulates the test which may be required to test whether there was any gratification or not. “171A. Why were these provisions added to the Indian Penal Code when there is a separate statute for offences committed during elections? However, it was essential to insert the provisions in IPC as they would apply not only to the Parliamentary elections but to every other kind of election, to the municipalities, panchayats, and other such local authorities. Additionally, a person convicted of a corrupt practice under Section 60 or an illegal practice under Section 61 is incapable of being registered as an elector for the relevant period. Controlling fraud, corruption, and unfair practices is a fundamental objective of any system of regulating political parties and candidates. 6. It therefore defines the 2 key terms for the purpose of elections. “171C. The provision dealing with bribery and the punishment for the same should be clubbed together for clear understanding.eval(ez_write_tag([[250,250],'lawtimesjournal_in-leader-2','ezslot_16',179,'0','0'])); 3. enhancing the punishment for the offence of bribery considering its gravity and seriousness. [4] Mohan Singh v. Bhanwarlal AIR 1964 SC 1366. This guidance assists our prosecutors when they are making decisions about cases. Failure to keep election accounts u/s. The Representation of the People Act 1983 (“RPA”) is the primary piece of legislation creating the criminal offences relating to elections which CPS has to consider. There are circumstances in which the time limit can be extended but an application to a Magistrates’ Court do so must be made within the 12 month time limit. Law for me is a noble profession just like medicine. It is thus essential to make punishable such offences in order to ensure free and fair elections.eval(ez_write_tag([[580,400],'lawtimesjournal_in-box-3','ezslot_3',134,'0','0'])); The provisions making the offences relating to elections punishable have been provided in the Indian Penal Code, 1860 (hereinafter referred as ‘IPC’) under Chapter-IXA. [15]KI Vibhute, PSA Pillai’s CRIMINAL LAW, 412 (12th edition, 2014), LexisNexis. [3], Section 170B, IPC defines Bribery and what may constitute bribery, which is made as a punishable offence under Section 170E, IPC.Section 170B reads as follows-.

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