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For the purpose of this topic-
"Candidate" means a person who has been nominated as a candidate at any election and
"Electoral right" means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at any election.
(Section 171-A of Indian Penal Code)

Bribery (Section 171-B):
Whoever-
1. 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 such right; or Accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery".
It should be noted that a declaration of public policy or a promise of public action should not be an offence under this section.
2. A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.
3. A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a motive for doing what he has not done, shall be deemed to have accepted the gratification as a reward.

Ingredients:
1. Where the accused is the offeror of the bribe. That he gave, offered or agreed to offer a bribe.
2. He did so with the object of inducing him or any other person to stand or not to stand or withdraw from being a candidate or voting for a candidate or refrain from voting.
Where the accused is the receivers:
1. The accused obtained or attempted to obtain a bribe.
2. He did so with a motive.
3. He took the bribe for exercising his electoral right or for inducing or attempting to induce any other person to exercise his electoral right (either standing or not standing or withdrawing) from being a candidate or to vote or refrain from voting at the election.

The offence is a non-cognizable and bailable and non-compoundable and triable by a Magistrate of the First Class.

Punishment:
Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine or with both.
It may be noted that bribery by treating shall be punished with fine only.
What is treating?
It means that form of bribery where the gratification consists in food, drink, entertainment, or provision.

Undue Influence at elections (Section 171-C):
1. Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.
2. Without prejudice to the generality of the provisions of sub-section (1), whoever-
(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).
3. A declaration of public policy or promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.

Ingredients:
1. The accused interfered or attempted to interfere with the free exercise of an electoral right; or
2. The accused threatened any candidate or voter with injury of any kind; or
3. The accused threatened or induced any candidate or voter that he or any person in whom he is interested will become an object of Divine displeasure or of spiritual censure.
4. That he did so voluntarily.

In Charan Lal Sahu Vs Giani Zail Singh, it was held -
In order that the offence of undue influence can be said to have been made out something more than the mere act of canvassing for a candidate must be shown to have been done by the offender.

Facts necessary to be established:
In the case of undue influence at an election-
1. That the accused voluntarily interfered or attempted to interfere with the free exercise of any electoral right; or
2. That the accused threatened any candidate or voter of any person in whom a candidate or voter is interested with injury; or
3. That the accused induced or threatened to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure.

Personation at elections (Section 171-D):
The ingredients are as follows;
1. In an election to a public body the accused applied for a ballot paper or voted in the name of any other person whether living or dead or in a fictitious name; or
2. Having voted once at such election applied at the said election for a voting paper; or
3. Attempted or abetted, procured or attempted to procure the voting by any other person in any such way.

The offence of undue influence is non-cognizable while that of personation is cognizable. Both are bailable and non-compoundable and triable by a Magistrate of the First Class.

Punishments:
Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, or with both.

to be continued...
Reference:
Indian Penal Code & Criminal Major Acts.
Sandeep Shenoy
Advocate

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