Illegal Payments in Elections: 171H IPC – Indian Penal Code

1. Code:

Section 171H of the Indian Penal Code (IPC) deals with illegal payments in elections.

2. 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.

3. 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.

4. 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.