Electoral offences
Topic: Elections and the Electoral System · NCERT: Class 9, Ch 7 "Elections"
Meaning
Electoral offences are election-related crimes. Courts punish them with a fine, jail or both. They are listed in ss.125-136 of the RPA 1951 and in ss.169-177 of the Bharatiya Nyaya Sanhita (BNS) 2023. Examples include:
- bribery;
- impersonation (voting in someone else's name);
- booth capturing (seizing a polling station by force);
- breaking the secrecy of voting;
- holding public meetings in the last 48 hours before polling.
These laws protect the poll through criminal punishment.
Example
Booth capturing has been a crime since 1989 under s.135A. A polling official who reveals how a person voted can be punished under s.128.
Don't confuse with
- Corrupt practices (s.123): These are mainly grounds for cancelling an election and disqualifying the candidate through an election petition. Electoral offences are prosecuted in criminal courts, and the punishment is a fine or jail.
Related concepts
- Security deposit
- Model Code of Conduct
- cVIGIL
- Corrupt practices
- Silence period
- Opinion poll
- Exit poll