Illegal payments in connection with an election
Section 176 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 The Act came into force on 01 Jul 2024.
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.
Section 176, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 171H Illegal payments in connection with an election Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Illegal payments in connection with elections. | Fine of 10,000 rupees. | Non-cognizable. | Bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vipul Tej M K vs The Police Inspector
Decided under Indian Penal Code 171H, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where allegations in a criminal complaint are so absurd and inherently improbable that they do not constitute cognizable offences and no prudent person can reach a just conclusion that there is sufficient ground for proceeding against the accused, the criminal proceedings should be quashed under Article 226 of the Constitution or Section 482 Cr.P.C. In the present case, the charges of criminal force (Section 353 IPC), unauthorized election expenses (Section 171H IPC), and violation of election pamphlet rules (Section 127A of the Representation of People Act, 1950) were wholly unjustified as there was no factual basis for any of these charges. A generic political slogan on a vehicle does not constitute electioneering canvassing and does not violate election laws.
On this section: Provision for unauthorized election expenses. Court held that this section would not apply as the complainant did not state that the petitioner had incurred any expenses on behalf of any particular candidate or political party.
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V.y. Ghorpade S/o Yashavantharao Ghorpade vs The Station House Officer
Decided under Indian Penal Code 171H, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Violation of election code of conduct by holding an unauthorized political gathering does not automatically attract Section 171H IPC or Sections 123(2) and 123(5) of the Representation of the People Act. Section 171H requires a nexus between expenses incurred and promotion of a specific candidate's election. Sections 123(2) and 123(5) pertain to undue influence and vehicle hiring respectively. If the facts alleged in the charge-sheet do not disclose the essential elements of these statutory offences, the charges are legally deficient and liable to be quashed.
On this section: The court examined this section which penalizes unauthorized incurring or authorization of expenses for promoting or procuring election of a candidate. The court held that this section requires a nexus between the expenses incurred and promotion of a specific candidate's election, which was absent in the case of holding a gathering without permission.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 176
What have the courts held on Section 176 of the Bharatiya Nyaya Sanhita?
Vipul Tej M K vs The Police Inspector (24 Apr 2019) is the leading judgment on this section among those set out below, though it was decided under IPC 171H, which this section replaced -- the court never mentioned this Act: Provision for unauthorized election expenses. Court held that this section would not apply as the complainant did not state that the petitioner had incurred any expenses on behalf of any particular candidate or political party. Another 1 judgment on this section is set out below. They run from 2013 to 2019.
Is Section 176 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 176 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 176 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 176, section 176 BNS, section 176 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 176(3). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Vipul Tej M K vs The Police Inspector (24 Apr 2019).
What should I read with Section 176 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 171H (Illegal payments in connection with an election), so the judgments decided under that provision are the case law on this one.
When did Section 176 of the Bharatiya Nyaya Sanhita come into force?
Section 176 of the Bharatiya Nyaya Sanhita, cited as BNS 176, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.