Bharatiya Nyaya Sanhita, 2023

BNS Section 176

Illegal payments in connection with an election

In one line

BNS Section 176 deals with illegal payments in connection with an election and replaces IPC 171H.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
176Illegal payments in connection with elections.Fine of 10,000 rupees.Non-cognizable.Bailable.Magistrate of the first class.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 176

176. Illegal payments in connection with an election.

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.

What changed from the IPC

  • IPC 171H → BNS 176: Upper limit of fine is increased from five hundred to ten thousand rupees.

Frequently asked

What was BNS Section 176 in the IPC?

BNS Section 176 (Illegal payments in connection with an election) replaces Section 171H of the Indian Penal Code, 1860. IPC 171H is now BNS 176.

What is the punishment under BNS 176?

Illegal payments in connection with elections – punishable with fine which may extend to ten thousand rupees. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.

Is BNS 176 bailable?

Bailable: BNS 176. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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