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BNS Section 176

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 176

Illegal payments in connection with an election

176 in the context of Bharatiya Nyaya Sanhita (BNS) refers to Section 176, which deals with illegal payments related to elections.
Whoever without the general or special authority in writing of a candidate incurs or authorises 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 ten thousand 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.


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Key Points:
Illegal Payments:

The section defines illegal payments as expenses incurred without the written authority of a candidate for election-related activities.
These expenses could include:
Holding public meetings,
Publishing advertisements or circulars,
Any other expenses intended to promote or procure the election of the candidate.

Authority Requirement:
Any person who incurs or authorizes such expenses must have a general or special written authority from the candidate.
If they fail to get this authority, the expenses are deemed illegal and unauthorized.

Punishment:
The punishment for incurring or authorizing such illegal expenses is a fine that may extend to ten thousand rupees.
This fine serves as a deterrent against unauthorized spending in election campaigns, ensuring that all expenditures are transparent and accountable to the candidate.

Exception Clause:
If a person incurs expenses under ten rupees without prior authorization, they have a window of ten days to obtain the written approval of the candidate.
If approval is obtained within this time, the expenses are considered to have been incurred with the authority of the candidate, making them legal.


Offence : Illegal payments in connection with elections.


Punishment : Fine of 10,000 rupees.


Cognizable or Non-cognizable : Non-cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Magistrate of the first class.




Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.


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