Electoral offences are acts or omissions that violate the law governing elections and interfere with:
The Representation of the People Act, 1951 contains a dedicated framework dealing with corrupt practices and electoral offences.
Electoral offence = Illegal act connected with the electoral process that threatens free, fair and orderly elections.
UPSC often tests the difference between:
Defined mainly under:
Section 123 of the Representation of the People Act, 1951
Examples:
Criminal offences connected with elections are found in:
Corrupt practice → mainly affects validity/disqualification in election law
Electoral offence → criminal liability/punishment
An act may have consequences under both frameworks.
This is an important current-affairs correction for UPSC.
The Bharatiya Nyaya Sanhita, 2023 (BNS) came into force on 1 July 2024 and replaced the Indian Penal Code for current criminal law. Its Chapter IX — Offences Relating to Elections contains Sections 169–177.
Therefore, current notes should remember:
Sections 171A–171I
↓
Sections 169–177
Older UPSC books may still mention IPC sections. For current legal position, use the BNS section numbers.
| BNS Section | Offence |
|---|---|
| Section 169 | Candidate and electoral right defined |
| Section 170 | Bribery |
| Section 171 | Undue influence at elections |
| Section 172 | Personation at elections |
| Section 173 | Punishment for bribery |
| Section 174 | Punishment for undue influence/personation |
| Section 175 | False statement in connection with an election |
| Section 176 | Illegal payments in connection with an election |
| Section 177 | Failure to keep election accounts |
170 → Bribery
171 → Undue influence
172 → Personation
173 → Bribery punishment
174 → Undue influence/personation punishment
175 → False statement
176 → Illegal payment
177 → Election accounts
Bribery involves giving, offering, promising, receiving or agreeing to receive gratification to influence the exercise of an electoral right.
The purpose may be to induce a person to:
Section 123(1) of the RPA, 1951 treats bribery as a corrupt practice.
Under current criminal law, bribery is covered by Section 170 BNS, with punishment under Section 173 BNS.
Gratification is not limited to cash.
It can include:
The RPA definition is broad and includes forms of entertainment and employment for reward.
₹2,000 to vote for Candidate A
→ Bribery
Free dinner offered in exchange for vote
→ Bribery
Liquor offered to induce voting
→ Bribery
The ECI specifically states that accepting money, liquor or a dinner in exchange for voting or not voting can amount to bribery.
This is a common UPSC trap.
Bribery means only giving money.
Bribery can involve various forms of gratification.
Cash + Gift + Food + Drink + Entertainment + Employment
→ Can constitute gratification when used for the prohibited electoral purpose.
Bribery is not limited to:
"Vote for me."
It can also be:
"Take this money and do not vote."
The ECI explicitly confirms that accepting money in exchange for not voting for a particular candidate can attract the bribery provision.
Inducing voting OR non-voting can constitute bribery.
Under BNS Section 173, bribery by treating is punishable with fine only.
"Treating" refers to gratification consisting of:
Treating is a form of bribery.
Undue influence means interfering, directly or indirectly, with the free exercise of an electoral right.
It can involve:
Section 123(2) of the RPA, 1951 treats undue influence as a corrupt practice.
Under current criminal law:
Section 171 BNS → Undue influence
Section 174 BNS → Punishment
"Vote for Candidate A or you will be harmed."
→ Undue influence.
"Vote against our candidate and your community will boycott you."
→ Can constitute undue influence.
"If you do not vote for this candidate, you will incur divine displeasure."
→ Undue influence.
The ECI specifically recognises threats and inducing a voter to believe they will face divine displeasure as forms of undue influence.
| Feature | Bribery | Undue Influence |
|---|---|---|
| Main method | Reward/benefit | Pressure/interference |
| Typical example | Money for vote | Threat for vote |
| Core idea | "Do this and get benefit" | "Do this or face harm/pressure" |
| RPA | Section 123(1) | Section 123(2) |
| Current BNS | Section 170 | Section 171 |
| Punishment | Section 173 | Section 174 |
Bribery = inducement
Undue influence = interference/pressure
Personation occurs when a person attempts to vote in the name of another person or otherwise falsely represents themselves for voting.
Under Section 172 BNS, personation includes:
This is an important UPSC distinction.
The BNS specifically provides an exception for a person lawfully authorised to vote as a proxy, insofar as they vote as a proxy for that elector.
Lawful proxy voting
→ Not personation.
Unauthorised voting in another person's name
→ Personation.
Proxy voting is legally authorised representation; personation is fraudulent voting.
A person cannot vote more than once at the same election merely because their name appears at multiple places.
Voting again after already voting can constitute personation under the applicable criminal law. The ECI expressly states that a person cannot vote more than once even if their name is included at more than one place.
A votes at Polling Station 1.
Then attempts to vote again at Polling Station 2.
→ Electoral offence.
Under Section 175 BNS, a person who, with intent to affect an election result, makes or publishes a false statement of fact concerning the personal character or conduct of a candidate, knowing it to be false or not believing it to be true, commits an offence punishable with fine.
False statement
Statement of fact
About personal character/conduct of candidate
Intent to affect election result
→ Offence.
Not every criticism of a candidate is automatically an electoral offence.
The offence concerns a false statement of fact regarding the candidate's personal character or conduct, made with the required intention.
Political criticism ≠ automatically electoral offence.
The statutory elements must be satisfied.
Under Section 176 BNS, a person who incurs or authorises election-related expenses without the general or special written authority of the candidate, for purposes such as:
can be punished with fine.
Election expenditure cannot simply be incurred on behalf of a candidate without the required authority.
Under Section 177 BNS, a person legally required to maintain election-expense accounts commits an offence if they fail to keep those accounts.
Punishment is by fine.
This connects electoral offences with:
Transparency in election expenditure
The Representation of the People Act, 1951 contains several specific offences.
Important provisions include:
These provisions are part of the RPA's electoral-offence framework.
Promoting or attempting to promote feelings of:
between different classes of citizens on grounds such as:
in connection with an election is an offence.
To prevent elections from becoming a source of communal or social conflict.
A candidate can face punishment for filing a false affidavit or concealing required information in the affidavit submitted under election law.
Candidates are required to provide prescribed information concerning matters such as:
The purpose is to enable informed electoral choice and transparency.
False disclosure by a candidate can attract electoral-law consequences.
Public meetings are prohibited during the period of 48 hours ending with the hour fixed for the conclusion of the poll.
To provide voters with a period free from active election campaigning immediately before polling ends.
This is often called the:
48-hour silence period
The law restricts the conduct/publication/dissemination of exit-poll results during the period prescribed by the statute and ECI notifications.
To prevent exit-poll information from influencing voters while polling is still underway.
Exit poll ≠ opinion poll.
They are different concepts.
The RPA also contains provisions relating to offences by companies.
This reflects the principle that electoral offences are not limited to individual candidates or voters.
Disturbing or causing disruption at a lawful election meeting is prohibited.
To ensure:
The printing and publication of election pamphlets, posters and similar materials is subject to statutory requirements.
Generally, election material must carry prescribed information relating to:
Accountability and traceability of election propaganda.
Every officer, polling agent and other person authorised in connection with the election must maintain the secrecy of voting.
The voter should be able to cast a vote without their voting choice being disclosed.
Transparency in election administration does not mean disclosure of individual voting choices.
Election officers and specified persons connected with the conduct of elections must not:
Election administration must be politically neutral.
Canvassing for votes is prohibited in or near polling stations within the prescribed area.
The ECI's Model Code also highlights canvassing within 100 metres of polling stations as prohibited conduct.
To protect voters from:
The election-law framework also deals with conduct such as:
Do not memorise every offence as an isolated fact.
Understand the purpose:
Protect free choice + secrecy + integrity + neutrality + transparency.
Section 123 is extremely important for UPSC.
Major corrupt practices include:
Inducing/rewarding electoral conduct through gratification.
Interfering with free exercise of electoral rights.
Appeal by candidate/agent or with consent on grounds such as:
or use/appeal to:
for furthering electoral prospects.
Certain false statements concerning the personal character/conduct of a candidate.
Section 123 also identifies other conduct as corrupt practices.
This is one of the most important UPSC distinctions.
| Feature | Corrupt Practice | Electoral Offence |
|---|---|---|
| Main law | RPA 1951, especially Section 123 | RPA 1951 + BNS + other laws |
| Nature | Election-law wrong | Criminal/statutory offence |
| Example | Bribery, undue influence | Personation, illegal payment |
| Consequence | Election may be challenged; disqualification may follow | Criminal punishment |
| Forum | Election petition for corrupt practice | Criminal-law process/competent authority |
The same conduct can have both electoral and criminal consequences.
For example:
Bribery
→ Section 123 RPA = corrupt practice
→ Section 170/173 BNS = criminal offence/punishment
Candidate offers ₹5,000 to voters.
→ Bribery is a corrupt practice under Section 123(1).
→ Bribery is an electoral offence under Section 170, punishable under Section 173.
One act can trigger different legal consequences under different statutes.
A candidate threatens voters with social consequences if they do not vote for him.
Section 123(2) → Corrupt practice.
Section 171 → Criminal offence.
Section 174 → Punishment.
Personation primarily concerns the integrity of the voting process.
A person:
→ Personation.
Section 172 BNS
Section 174 BNS → Punishment
Suppose an elector reaches the polling station and discovers that somebody has already voted in their name.
The genuine elector is not simply denied all opportunity to vote.
The ECI states that the elector may be allowed to vote through a Tendered Ballot Paper, which is kept separately according to the prescribed procedure.
Tendered ballot is a safeguard against impersonation.
Electoral offences undermine one or more of the following:
→ Undue influence
→ Bribery
→ Personation
→ False statements
→ Illegal payments/election-account violations
→ Disclosure of voting choices
→ Election officials campaigning/influencing
→ Disturbance and intimidation
| Offence | BNS | Punishment |
|---|---|---|
| Bribery | 170 | Punishment under 173 |
| Undue influence | 171 | Up to 1 year imprisonment/fine/both under 174 |
| Personation | 172 | Up to 1 year imprisonment/fine/both under 174 |
| False statement | 175 | Fine |
| Illegal payments | 176 | Fine up to ₹10,000 |
| Failure to keep election accounts | 177 | Fine up to ₹5,000 |
For bribery, Section 173 provides imprisonment up to one year, fine, or both; treating is punishable with fine only.
You may see:
These were the old IPC provisions.
Use:
| Section | Subject |
|---|---|
| 123 | Corrupt practices |
| 125 | Promoting enmity |
| 125A | False affidavit |
| 126 | 48-hour prohibition on public meetings |
| 126A | Exit-poll restrictions |
| 126B | Offences by companies |
| 127 | Disturbances at election meetings |
| 127A | Printing/publishing election material |
| 128 | Secrecy of voting |
| 129 | Election officials and neutrality |
| 130 | Canvassing near polling stations |
| Section | Subject |
|---|---|
| 169 | Candidate/electoral right |
| 170 | Bribery |
| 171 | Undue influence |
| 172 | Personation |
| 173 | Punishment for bribery |
| 174 | Punishment for undue influence/personation |
| 175 | False statement |
| 176 | Illegal payments |
| 177 | Failure to keep election accounts |
170–172 = Main offences
173–174 = Punishments
175–177 = Other election offences
Bribery is only a criminal offence and not a corrupt practice.
❌ Incorrect.
It is both:
Section 123(1), RPA → Corrupt practice
Section 170 BNS → Criminal offence
Undue influence means only physical violence.
❌ Incorrect.
It includes broader interference with free electoral choice, including threats and certain spiritual/religious pressures.
Proxy voting is personation.
❌ Incorrect.
Lawful proxy voting is expressly recognised as an exception to personation under BNS Section 172.
Voting twice is permitted if the voter is registered in two constituencies.
❌ Incorrect.
A person cannot vote more than once at the same election.
All criticism of a candidate is an electoral offence.
❌ Incorrect.
The statutory false-statement offence has specific requirements concerning a false statement of fact about the personal character or conduct of a candidate and the required intent.
BNS retained the old IPC section numbers for electoral offences.
❌ Incorrect.
Current BNS election provisions are numbered 169–177.
Section 123 of RPA 1951 lists criminal punishments for bribery.
❌ Incorrect.
Section 123 primarily identifies corrupt practices.
Criminal punishment for bribery is under BNS Section 173.
Section 130 allows canvassing near polling stations.
❌ Incorrect.
It prohibits canvassing in or near polling stations.
NOTA is an electoral offence.
❌ Incorrect.
NOTA is a voting option, not an offence.
Election officials may campaign for a candidate as long as they do so outside office hours.
❌ Incorrect.
Section 129 requires neutrality of specified election officers/persons.
Consider the following statements:
Answer: 1 and 2 only
Consider the following statements:
Answer: 1 and 2 only
Consider the following statements:
Answer: 1 and 3 only
Consider the following statements:
Answer: 1, 2 and 3
Consider the following statements:
Answer: 1 and 2 only
Consider the following statements:
Answer: 1 and 2 only
Consider the following statements:
Answer: 1, 2 and 3
| Provision | Subject |
|---|---|
| Section 123, RPA | Corrupt practices |
| Section 125, RPA | Promoting enmity |
| Section 125A, RPA | False affidavit |
| Section 126, RPA | 48-hour prohibition |
| Section 128, RPA | Secrecy of voting |
| Section 130, RPA | Canvassing near polling station |
| Section 170, BNS | Bribery |
| Section 171, BNS | Undue influence |
| Section 172, BNS | Personation |
| Section 175, BNS | False statement |
| Section 176, BNS | Illegal payments |
| Section 177, BNS | Election accounts |
| Wrongful Act | Current Legal Provision | Core Idea |
|---|---|---|
| Bribery | RPA 123(1) + BNS 170/173 | Inducement |
| Undue influence | RPA 123(2) + BNS 171/174 | Pressure/interference |
| Personation | BNS 172/174 | False identity/voting |
| False statement | BNS 175 | False fact about candidate |
| Illegal payment | BNS 176 | Unauthorised election expenditure |
| Failure to keep accounts | BNS 177 | Election-expense transparency |
| Promoting enmity | RPA 125 | Social harmony |
| False affidavit | RPA 125A | Candidate disclosure |
| 48-hour violation | RPA 126 | Campaign silence |
| Exit-poll violation | RPA 126A | Polling-period information control |
| Disturbance | RPA 127 | Peaceful meetings |
| Illegal printing | RPA 127A | Publication accountability |
| Breach of secrecy | RPA 128 | Confidential voting |
| Official influence | RPA 129 | Administrative neutrality |
| Canvassing near booth | RPA 130 | Protect free voting |
Bribery
↓
Money/benefit
Undue Influence
↓
Threat/pressure
Personation
↓
False identity
False Statement
↓
Misinformation about candidate
Illegal Payment
↓
Unauthorised expenditure
Election Accounts
↓
Transparent expenditure
Section 128
↓
Confidential vote
Section 129
↓
Officials cannot influence voting
Section 130
↓
No canvassing near polling station
"Vote for me and I will give you something."
"Vote for me or something bad will happen."
"I will vote pretending to be someone else."
Bribery → Benefit
Undue Influence → Pressure
Personation → Identity
These are different topics.
A person commits an unlawful act.
Example:
Voter impersonates another voter.
A party challenges the validity of an election/result through an election petition.
Example:
Candidate alleges corrupt practice affected the election.
Offence = unlawful conduct
Election petition = legal challenge to election
A finding of corrupt practice can have serious consequences.
It may:
The ECI notes that bribery and undue influence under Sections 123(1) and 123(2) are corrupt practices that can be grounds for declaring an election void and can have disqualification consequences.
Electoral offences threaten the fundamental principles of democracy.
Voters must be able to choose freely.
Each lawful vote should have equal value.
Citizens should not be bought or threatened.
The person voting must be properly identified.
Election expenditure and campaign material should be accountable.
The voter's choice must remain confidential.
Election officials must not favour candidates.
Electoral Offences
→ Protect free and fair elections
123 → Corrupt Practices
125 → Enmity
125A → False Affidavit
126 → 48-hour restriction
126A → Exit Poll
127 → Election Meeting
127A → Pamphlets/Posters
128 → Secrecy
129 → Officials' neutrality
130 → No canvassing near polling station
170 → Bribery
171 → Undue Influence
172 → Personation
173 → Bribery punishment
174 → Undue influence/personation punishment
175 → False Statement
176 → Illegal Payment
177 → Election Accounts
Bribery
→ Benefit/inducement
Undue Influence
→ Threat/pressure
Personation
→ False identity
False Statement
→ False factual claim about candidate
Illegal Payment
→ Unauthorised election expenditure
Election Account Violation
→ Failure to maintain required accounts
Corrupt Practice
→ Section 123 RPA
Electoral Offence
→ Criminal/statutory violation
Electoral offences are designed to protect the voter, the vote and the electoral process.
Think of the protection as:
Voter's choice
→ Bribery + undue influence
Voter's identity
→ Personation
Voter's information environment
→ False statements
Election finances
→ Illegal payments + accounts
Voter's secrecy
→ Section 128
Administrative neutrality
→ Section 129
Polling environment
→ Section 130
The entire framework can be remembered as:
FREE CHOICE
↓
No bribery
↓
No undue influence
↓
CORRECT VOTER
↓
No personation
↓
INFORMED ELECTORATE
↓
No prohibited false statements
↓
CLEAN CAMPAIGN FINANCE
↓
Proper expenditure + accounts
↓
SAFE POLLING
↓
No prohibited canvassing/intimidation
↓
SECRET BALLOT
↓
Section 128
↓
NEUTRAL ADMINISTRATION
↓
Section 129
↓
FREE & FAIR ELECTION
Electoral offences are legal safeguards against manipulation of the electoral process. For current criminal-law preparation, remember the BNS framework: Sections 170–177 cover bribery, undue influence, personation, false statements, illegal payments and election accounts. Alongside these criminal provisions, the RPA, 1951 identifies corrupt practices under Section 123 and contains important election offences such as promoting enmity, false affidavits, the 48-hour campaign restriction, secrecy of voting and prohibition of canvassing near polling stations. The key UPSC distinction is that a “corrupt practice” under the RPA and a “criminal electoral offence” are related but legally distinct concepts, and the same conduct may attract consequences under both.
