Election Offences: Definition and Meaning

In every democratic democracy, the election of a specific individual of their choosing over other candidates to carry out specified obligations is regarded as a natural right of the individual. Under Part XV, Article 324 of the Indian Constitution, the Election Commission of India is given authority to supervise, direct, and manage elections.

People and organizations have approached the Election Commission of India with requests to educate the electorate of the nation on the various malpractices used by candidates or their representatives during the elections held for the two Houses of Parliament and the Legislature of the States/UTS, as well as inform them of the complaint redressal mechanisms available and the penal actions provided under law for such offenses and malpractices.

The Representation of the People Act of 1951 and the Indian Penal Code both mention election-related offenses. These laws are highlighted in this pamphlet for ease of reference and comprehension of the numerous criminal rules relating to elections. These legal measures also demonstrate that these offenses are penalized in a proportionate manner.

What is the meaning of Election Offences?

Election offences usually refer to any actions or behaviors that are illegal or prohibited in connection with an election. It could be any offensive behavior like voter fraud, campaign finance violations, bribery, vote-buying, intimidation or coercion of voters, or interference with the electoral process. Election-related offenses were added in 1920 and are covered in Chapter IXA, Sections 171A through Section 171I, of the Indian Penal Code. The Representation of People Act of 1951's Section VII also contains provisions for electoral offenses.

In the case of Indira Nehru Gandhi vs. Shri Raj Narain & Anr. (1975 AIR 1590, 1975 SCC (2) 159 ) the court held that the phrase "candidate" in reference to a number of electoral offenses indicates that the offender had to be a candidate at the time the offense was committed. For the offenses to be corrected, time is needed. The 1951 Act uses the word "candidate" or his election agent with reference to various offenses, whereas the Indian Penal Code does not use the word "candidate" in relation to commission of any offense. This distinction between the 1951 Act's electoral offenses and the offenses under Sections 171-A to 171-I of the Indian Penal Code is significant.

Classification of Election Offences

The following are the various election offenses −

Corrupt Practices

All public authorities, whether in the government or not, are subject to corrupt behavior, which includes −

Bribery

Bribery is referred to as "corrupt practices" under Section 123(1) of the RP Act and Sections 171B–171E of the IPC. Bribery is viewed as an enticement that interferes with election processes. Both the individual who gives and the person who receives satisfaction are deemed to have committed the crime of bribery. A corrupt act is one that is punishable by a year in prison, a fine, or both if it involves giving someone pleasure in exchange for encouraging them to exercise their right to vote.

Undue Influence at Election

Unlawful influence during an election is discussed under sections 123(2) of the RP Act and 171C–171F of the IPC. Any person who directly or indirectly impedes or makes an effort to impede on the free exercise of any electoral right commits the crime of undue influence and shall be punished with a year in jail, a fine, or both under the provisions of the IPC.

Booth Capturing

According to Section 123(8) of the RP Act, capturing a booth by a candidate, his agent, or another individual is also a corrupt offense. "Booth capturing" refers to the taking over of a polling place or location by someone who demands that election officials turn over the ballots or voting machines, or who only permits his or her supporters to exercise their right to vote while obstructing or coercing others to exercise that right. It also refers to the taking over of a location where votes will be counted. Under section 135A of the RP Act, the offense carries a sentence of 1 to 3 years in jail and a fine for those not employed by the government, and 3 to 5 years in prison and a fine for everyone else.

Promoting Enmity Between Classes

Anyone who encourages or attempts to encourage feelings of animosity or hatred between different classes of Indian citizens in connection with an election may be punished with imprisonment for a term that may not exceed three years, a fine that may not exceed ten thousand rupees, or a combination of the two. given in accordance with Section 125 of the 1951 Representation of the People Act. The Indian Penal Code's Section 505 (2) specifies the punishment.

In Subash Desai v. Sharad J. Rao (1994 AIR 2277, JT 1994 (3) 39), the Court held that when the Framers of the Constitution guaranteed every citizen, right to freely profess, practice, and propagate his religion, that right did not extend to creating hatred amongst two groups of persons practicing different religions.

Publication of False Statement

According to Section 123(4) of the RP Act, 1951, the publication of any statement of fact regarding any candidate's personal character or conduct, or regarding their candidacy or withdrawal, that is false and that they either believe to be false or do not believe to be true, and that is reasonably calculated to harm that candidate's chances of being elected, by a candidate, his election agent, or anyone else with their consent, is a major election offense.

According to Section 171G of the IPC, anyone who makes or publishes a statement about the persona or conduct of any candidate that appears to be a statement of fact but is false with the intent to influence the outcome of an election is guilty of a crime and subject to a fine.

Concerning Election Expenses

According to Section 123(6) of the Representation of the People Act, 1951, incurring or authorizing expenditure in violation of Section 77 constitutes a corrupt practice. Every candidate for the House of the People or a state legislative assembly must maintain a separate and accurate account of every expense incurred or authorized by him or by his election agent from the date of his nomination to the election.

According to Section 171I of the IPC, whoever is obliged to keep an accounting of costs incurred during or in connection with an election by any legislation now in effect or any regulation having the force of law but fails to do so will be penalized with a fine that may reach five hundred rupees.

Free Conveyance of Voters

According to Section 123(5) of the Representation of the People Act, 1951, anyone who unlawfully hires or obtains a vehicle for the free conveyance of any elector—other than the candidate himself, a member of his family, or his agent—to or from any polling place is guilty of an offense and is subject to a fine and a three-month prison sentence under Section 133 of the RP Act.

 Other Electoral Offenses: Election Personation

According to sections 171D–171F of the IPC, anybody who requests a voting paper, casts a ballot in someone else's name, whether that person is alive or dead, or requests to vote in the same election in which he has previously cast a ballot will be penalized with a year in prison, a fine, or both. It includes −

Denying Someone Right to Vote

According to Section 3(1)(vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it is illegal to coerce or threaten a member of a SC/ST group into voting for a certain candidate or in a way that is not permitted by law. According to Section 135B of the RP Act, employers who fail to give their eligible workers paid holidays may be subject to fines of up to 500 rupees. Section 123(3) of the 1951 Representation of the People Act provides that the use of national symbols, such as the national flag or the national emblem, or the appeal to religious symbols by a candidate, his agent, or anyone else with the consent of a candidate or his election agent to vote for or refrain from voting for any person on the basis of that person's race, caste, community, or language is prohibited.

Removal of Ballot Paper

The presiding officer may request a search of a person or order their arrest if they remove an EVM or ballot paper, or if he has grounds to think they did so. In accordance with Section 135 of the RP Act, the perpetrator will get a one-year jail sentence, a fine, or both.

Destruction of Ballot Paper

Anyone who intentionally alters or removes a ballot paper, an electronic voting machine, or the official mark on one, places something other than a ballot paper in a ballot box, or adheres paper, tape, or another material to an electronic voting machine's symbol, name, or ballot button for the purpose of an election is breaking the law. According to Section 136 of the RP Act, any officer or clerk doing election duty who commits the offense faces a 2 year sentence, a fine, or both, and a 6 month sentence or fine for others.

Harming Public Servant on Duty

According to Section 332 of the Indian Penal Code, anybody who intentionally causes minor bodily harm or attacks in order to prevent a public official from doing their duties faces a sentence of 2 to 10 years in jail and a fine.

Pamphlets and Posters

Under Section 127A of the Representation of the People Act, 1951, anyone who prints or publishes any election pamphlets, posters, handbills, or placards without bearing on their faces the name and address of the printer and publisher commits an offense and is subject to up to two years in prison or a fine of up to Rs. 2,000 or both.

Conclusion

It becomes clear that the foundation of a democratic system of administration is free and fair elections. Many pieces of legislation, such as the Representation of the People Act of 1951 and the Election Commission Act of 1991, were also created in the past to guarantee free and fair elections. The majority of the amendment reduces the scope of corrupt behavior. The primary legislation that establishes guidelines for policing electoral fraud and other illegal activity. Recommendations were made by the Tarkunde Committee in 1976 to stop political parties and ministers from abusing their positions of authority.

Frequently Asked Questions

Q1. What are Election Laws?

Ans. Election law is a subset of public law that governs the electoral process, election campaigns, voting rights, ballot access, election management organizations, and the division of the territory into electoral districts.

Q2. What are unfair election practices?

Ans. Unfairness in elections practices include all varieties of electoral fraud, voter suppression or intimidation, unbalanced campaign finance rules, and imbalanced access to the media.

Q3. What is an example of a free and fair election?

Ans. In order to have a free and fair election, there must be political equality and impartial procedures. In a free and fair election, all the voters have been given fair opportunity to cast their votes to the contesting person of their choice.

Q4. Which system of voting does India use?

Ans. At center level, members of India's Lok Sabha (House of the People), or lower house of Parliament, and at the state level, members of the legislative assembly (Vidhan Sabha) are elected through a general election wherein all the eligible adult citizens of India cast their votes in favor of the contesting person (from the list of candidates standing in their respective constituencies).