Illegal payments in connection with an election
Section 171H of the Indian Penal Code, 1860 deals with illegal payments in connection with an election. Whoever without the general or special authority in writing of a candidate incurs or authorizes 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 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever without the general or special authority in writing of a candidate incurs or authorizes 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 five hundred 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.
171-I.
Failure to keep election accounts.
171-I. Failure to keep election accounts.--Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an
election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.]
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
Section 171H, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 176 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 The repealed enactment still governs what happened while it was in force.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.
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
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
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 171H
What have the courts held on Section 171H of the Indian Penal Code?
Vipul Tej M K vs The Police Inspector (24 Apr 2019) is the leading judgment on this section among those set out below: 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.
How do I find court cases under Section 171H of the Indian Penal Code?
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: IPC 171H, section 171H IPC, section 171H of the Indian Penal Code. 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 171H of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 176 (Illegal payments in connection with an election), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 171H of the Indian Penal Code come into force?
Section 171H of the Indian Penal Code, cited as IPC 171H, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.