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BNS · Section 176 · Chapter IX — OF OFFENCES RELATING TO ELECTIONS

Illegal payments in connection with an election

What this section does

This section penalises a person who incurs or authorises election-related expenses (such as public meetings, advertisements, circulars, or publications) to promote a candidate's election without the candidate's written authority. A proviso allows retrospective written approval within ten days for expenses not exceeding ten rupees.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Fine up to ten thousand rupees.
Triable by
Any Magistrate
Cognizable
No
Bailable
Yes
Compoundable
No

Ingredients (what prosecution must prove)

  1. The accused incurred or authorised expenses for the purpose of promoting or procuring the election of a candidate
  2. Such expenses were on account of a public meeting, advertisement, circular, publication, or any other means
  3. The accused did not have the general or special written authority of the candidate to incur such expenses
  4. The retrospective approval proviso (expenses not exceeding ten rupees, approved in writing within ten days) does not apply
Old-law correspondence

Derived from IPC s.171H.

Read the official text

For the binding statutory text of BNS Section 176, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 176 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.