Bribery in connection with Elections (Section 171 BNS)

Chapter X of the Bharatiya Nyaya Sanhita (BNS) deals with Offences relating to Elections (Sections 171 to 175). These provisions aim to ensure the purity and fairness of the electoral process by criminalizing conduct that undermines the democratic principles of free and fair elections.

Bribery:

Bribery in the context of elections involves giving or receiving gratification to influence a person's vote or candidature.

Provision:

Section 171 of the BNS defines Bribery (similar to Section 171B of the IPC): "Whoever— (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any electoral right; or (ii) accepts a gratification as a motive or reward for exercising any electoral right or for inducing any other person to exercise any electoral right, commits the offence of bribery."

Explanation 1 clarifies that "gratification" is not limited to monetary consideration but can be anything of value. Explanation 2 clarifies that a person who abstains from being a candidate, or from canvassing, or from voting, is deemed to have exercised an electoral right.

Ingredients:

• Giving or accepting gratification: Offering or receiving any form of valuable consideration.

• Object/Motive: The purpose must be to induce or reward the exercise of an electoral right.

• Electoral Right: The right of a person to stand, not to stand, to vote or not to vote at an election, or to canvass or not to canvass for a candidate.

Example: Offering money or gifts to voters to cast their vote for a particular candidate, or accepting money or gifts in exchange for voting for a candidate. Offering a candidate money to withdraw from the election.

The BNS prescribes punishment for bribery under Section 171(2) (similar to Section 171E IPC), which can be imprisonment up to one year, or fine, or both. Giving or accepting bribery connected with the right of a person to stand as a candidate carries more severe punishment.

Personation at Elections (Section 172 BNS)

Personation at elections involves falsely assuming the identity of another person to vote.

Provision:

Section 172 of the BNS defines Personation at Elections (similar to Section 171D of the IPC): "Whoever at an election applies for a voting paper, or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper, or votes again in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election."

Ingredients:

• At an election: The act must take place in the context of an election.

• False Identity: Applying for a voting paper or voting in the name of another person (real or fictitious).

• Double Voting: Voting more than once in the same election in one's own name.

• Abetment/Procuring: Aiding or inducing others to commit personation.

Example: A person voting using the voter ID card of their deceased relative, or a person voting twice in the same election. Abetting someone else to do this is also an offence.

The BNS prescribes punishment for personation at elections under Section 172(2) (similar to Section 171F IPC), which can be imprisonment up to one year, or fine, or both.

Making False Statements in connection with Elections (Section 173 BNS)

Making false statements intended to affect the outcome of an election is also criminalized to protect the integrity of the electoral process.

Provision:

Section 173 of the BNS defines False Statements in connection with Elections (similar to Section 171G of the IPC): "Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false, and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, or retirement from contest, of any candidate, shall be punished..."

Ingredients:

• Making or publishing a statement: The statement can be made verbally or in writing.

• Purporting to be a statement of fact: Presented as a factual claim.

• False: The statement must be untrue.

• Knowledge or Belief of Falsity: The maker knows or believes it to be false or does not believe it to be true.

• In relation to a candidate/candidature: The statement must concern the personal character or conduct of a candidate, or their candidature/withdrawal.

• Intent to affect the result: The statement must be made with the intention of influencing the election result.

Example: Publishing a false allegation about a candidate's personal life or past conduct with the aim of damaging their reputation and influencing voters, or falsely claiming that a candidate has withdrawn from the election.

The BNS prescribes punishment for making false statements under Section 173(2) (similar to Section 171G IPC), which can be imprisonment up to one year, or fine, or both.

Influencing Voters (Section 174 BNS)

Undue influence and personation are the two main forms of corrupt practices intended to improperly sway voters. Section 174 BNS defines undue influence.

Provision:

Section 174 of the BNS defines Undue Influence at Elections (similar to Section 171C of the IPC): "Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election."

The section provides illustrations of what constitutes undue influence, including:

• Threatening a voter or their family with injury or undue pressure to influence their vote.

• Inducing a belief that the voter or their family will become an object of divine displeasure or spiritual censure if they vote or do not vote in a particular way.

Ingredients:

• Voluntarily interfering or attempting to interfere: Taking actions to obstruct or influence.

• With the free exercise of any electoral right: Preventing or improperly influencing a person's ability to vote, stand for election, etc., freely.

Example: Threatening voters with negative consequences (loss of job, social boycott) if they do not vote for a specific party, using religious leaders to tell voters that they will face spiritual consequences if they do not vote according to religious directives, preventing voters from reaching polling booths.

The BNS prescribes punishment for undue influence under Section 174(2) (similar to Section 171F IPC), which can be imprisonment up to one year, or fine, or both. Note that Personation (Section 172) and Undue Influence (Section 174) are both covered under Section 171F of the IPC with the same punishment, and BNS retains this structure with separate sections defining the acts and a common section prescribing punishment.

Illegal Payments in connection with Elections (Section 175 BNS)

Certain payments made in connection with elections are prohibited to curb excessive expenditure and unfair practices.

Provision:

Section 175 of the BNS defines Illegal Payments in connection with Elections (similar to Section 171H of the IPC): "Whoever with intent to promote or procure the election of any person, or the election of any candidate, or with the intent to obstruct or defeat the promotion or procurement of the election of any person or the election of any candidate, hires or engages in any public meeting, any person, whether on payment or otherwise, knowing that such person is to be employed in such meeting for the purpose of creating disturbance or obstruction, shall be punished..."

This section penalises hiring people to cause disturbance or obstruction at public election meetings. It is one specific type of illegal expenditure or conduct related to elections.

The BNS prescribes punishment for illegal payments under Section 175(2) (similar to Section 171H IPC), which can be fine up to ₹500.

Other offences relating to elections include failure to keep election accounts (Section 176 BNS, similar to 171I IPC) and receiving illegal payment (Section 177 BNS, similar to 171J IPC).

These provisions collectively aim to protect the sanctity of the electoral process from various forms of corruption and manipulation.

Public Servant as defined under BNS

Public servants hold positions of trust and authority and are subject to specific laws and ethical standards due to their role in administration and governance. The BNS contains provisions that define public servants and criminalize certain acts committed by or against them in relation to their public duties.

Definition:

The term 'Public Servant' is defined broadly in Section 2(25) of the BNS (similar to Section 21 of the IPC). It provides an inclusive list of persons who fall under this category. This definition is crucial as several offences under the BNS apply specifically to public servants or involve actions against them.

The list includes (but is not limited to):

• Every Commissioner of a Court of Justice.

• Every officer of a Court of Justice whose duty it is to inquire into or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process.

• Every person authorised by a Court of Justice to perform any of the duties mentioned above.

• Every officer of Government whose duty it is to prevent offences, give information of offences, bring offenders to justice, or protect the public health, safety, or convenience.

• Every officer whose duty it is to take, receive, keep, or disburse any property on behalf of Government, or to make any survey, assessment or contract on behalf of Government.

• Every officer whose duty it is to execute any process of a Court of Justice.

• Every Judge.

• Every person holding any office by virtue of which he is empowered to place or keep any person in confinement.

• Every commissioned officer in the military, naval or air forces of India.

• Every member of a Panchayat assisting a Court of Justice or performing any duty for the Gram Panchayat.

• Every member of a conciliation Board or performing any public duty under law.

• Every person who holds any office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election.

• Every person in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty.

• Every person in the service or pay of a local authority or any corporation established by or under a Central, Provincial or State Act, or a Government company.

The definition is broad, covering individuals working in various capacities for the government, public sector undertakings, local authorities, and the judiciary, among others, who are entrusted with public duties.

Offences by or relating to public servants are covered in Chapter IX of the BNS (similar to Chapter IX and X of the IPC, combined and renumbered).

Giving or accepting bribe by a Public Servant (Section 167 BNS)

Bribery and corruption involving public servants are serious offences that undermine good governance and public trust. The BNS criminalizes both the giving and accepting of bribes by public servants.

Provision:

Section 167 of the BNS defines Taking gratification, in respect of official act (similar to Section 161 IPC, which was repealed and replaced by the Prevention of Corruption Act, 1988. The BNS likely incorporates or references this, or provides a new definition). The section also deals with giving a bribe.

A general provision covering giving and taking bribes might be framed as follows, although the exact wording and scope are determined by the final text and its relationship with the Prevention of Corruption Act, 1988 (which specifically deals with bribery of public servants):

• Accepting Bribe: A public servant accepting or agreeing to accept any gratification (other than legal remuneration) as a motive or reward for doing or forbearing to do any official act, or for showing favour or disfavour, or for rendering service or disservice to any person.

• Giving Bribe: Offering or giving a gratification to a public servant with the object of inducing them to do or forbear to do any official act, or show favour/disfavor, or render service/disservice.

The BNS provides punishment for these acts, reflecting the zero-tolerance approach towards corruption in public life.

Note: The Prevention of Corruption Act, 1988, is the primary law dealing with corruption by public servants. It defines various offences including taking bribes, bribing a public servant, abetting bribery, etc. The BNS provisions are likely intended to align with or complement this Act.

Obstructing Public Servant in discharge of public functions (Section 194 BNS)

Interfering with the lawful duties of a public servant is an offence as it disrupts the administration of public services and governance.

Provision:

Section 194 of the BNS defines Obstructing public servant in discharge of public functions (similar to Section 186 of the IPC): "Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished..."

Ingredients:

• Voluntarily obstructing: The accused must intentionally interfere with the public servant's work.

• Public servant: The person obstructed must be a public servant as defined in BNS.

• In the discharge of his public functions: The obstruction must occur while the public servant is lawfully performing their official duties.

Example: Physically preventing a police officer from making a lawful arrest, interfering with a government official conducting a lawful inspection, refusing to comply with a lawful direction from a public servant, thereby obstructing their duty.

The BNS prescribes punishment for this offence, reflecting the importance of allowing public servants to perform their duties without unlawful interference.

False evidence by a public servant

Public servants, due to their official capacity, are sometimes involved in creating or handling official documents and records. Committing acts of false evidence or creating false documents in this capacity is a serious offence.

Relevant BNS Provisions:

While there isn't a single section specifically titled 'False evidence by a public servant', several sections in the BNS deal with false evidence and offences by public servants, which, when combined, cover this type of wrongdoing.

• Giving False Evidence (Section 197 BNS): This general section (similar to Section 191 IPC) defines giving false evidence, which is applicable to any person, including a public servant. It involves making false statements on oath or under legal compulsion.

• Fabricating False Evidence (Section 198 BNS): This section (similar to Section 192 IPC) defines fabricating false evidence, also applicable to any person, including a public servant.

• Punishment for Giving or Fabricating False Evidence (Section 199 BNS): This section (similar to Section 193 IPC) prescribes punishment. If the false evidence is given or fabricated with the intent to cause a person to be convicted of an offence punishable with death or imprisonment for life, the punishment is more severe.

When a public servant gives or fabricates false evidence in their official capacity, the offence is particularly serious. The BNS likely enhances punishment or treats certain related actions by public servants more stringently.

Section 196 BNS (similar to Section 167 IPC) deals with a public servant framing an incorrect document with intent to cause injury. This offence specifically addresses public servants creating false official documents.

Section 200 BNS (similar to Section 217 IPC) deals with a public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. This could involve a public servant falsifying records or evidence to protect someone.

Thus, false evidence by a public servant is covered by the general offences relating to false evidence (Sections 197-199) combined with the specific duties and enhanced liabilities placed upon public servants for acts done in their official capacity.

Public servant disobeying direction of law (Section 195 BNS)

Public servants are legally bound to follow directions of law in the discharge of their duties. Disobeying these directions can constitute a criminal offence.

Provision:

Section 195 of the BNS defines Public servant disobeying direction of law with intent to cause injury (similar to Section 166 of the IPC): "Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience cause, injury to any person, shall be punished..."

Ingredients:

• Public servant: The offender must be a public servant.

• Knowingly disobeys direction of law: The public servant must intentionally disregard a legal direction regarding their official conduct.

• Intent to cause injury or knowledge of likelihood of injury: The disobedience must be done with the intention of causing injury (harm to body, mind, reputation, or property) or knowing it to be likely to cause such injury.

Example: A public servant intentionally fails to follow a legal procedure for issuing a permit, knowing that this will cause financial loss to the applicant. A police officer intentionally disregards legal rules for arrest, causing wrongful confinement and injury to the person.

This offence penalizes public servants who act contrary to legal directives in a manner that harms others, highlighting the importance of lawful conduct in the exercise of public functions.

Public servant framing incorrect document with intent to cause injury (Section 196 BNS)

Creating false or incorrect official documents with a malicious intent is a specific offence targeting dishonest conduct by public servants.

Provision:

Section 196 of the BNS defines Public servant framing incorrect document with intent to cause injury (similar to Section 167 of the IPC): "Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause, or knowing it to be likely that he will thereby cause, injury to any person, shall be punished..."

Ingredients:

• Public servant: The offender must be a public servant.

• Charged with preparation or translation of a document: The public servant must be officially responsible for creating or translating the document.

• Frames or translates it incorrectly: Creates or translates the document in a way known or believed by the public servant to be wrong.

• Intent to cause injury or knowledge of likelihood of injury: The incorrect framing or translation must be done with the intention of causing injury or knowing it to be likely to cause injury to any person.

Example: A public servant responsible for preparing official records intentionally records false information in a document, knowing that this will cause loss of rights to a person. A translator in a government office intentionally mistranslates a document to mislead or cause harm.

This offence aims to ensure accuracy and honesty in the creation of official records and documents by public servants, which are vital for administration and legal processes. These provisions collectively define the criminal liabilities specifically applicable to public servants, reflecting their unique position and responsibilities in the legal framework.