Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 176: Illegal Payments in Connection with an Election
Whoever, without the general or special authority in writing of a candidate, incurs or authorizes expenses on account of holding any public meeting, or upon any advertisement, circular, or publication, or in any other way for promoting or procuring the election of such candidate, shall be punished with a 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.
Brief Detail
BNS Section 176 covers the offence of incurring or authorizing illegal expenses for promoting or procuring the election of a candidate without their written approval. However, if the expense does not exceed ten rupees and written approval is obtained within ten days, it is considered authorized.
Question & Answers
Q1: What constitutes the offence under BNS Section 176?
A1: The offence occurs when someone incurs or authorizes election-related expenses without the written approval of the candidate.
Q2: What is the punishment for illegal payments in connection with an election under BNS Section 176?
A2: The punishment is a fine which may extend up to ten thousand rupees.
Q3: Is there any exception to the rule under BNS Section 176?
A3: Yes, if the expense does not exceed ten rupees and the candidate’s approval is obtained within ten days, it is considered authorized.
Example
Example Scenario:
If an individual organizes a public meeting for a candidate without prior written authorization, they may be fined. However, if the cost is less than ten rupees and they obtain approval within ten days, they are exempt from the fine.
Summary
BNS Section 176 states that incurring or authorizing expenses related to promoting a candidate without written permission is illegal, but small expenses under ten rupees can be retroactively approved within ten days.
