Corrupt practices
Section 123 of the Representation of the People Act, 1951 deals with corrupt practices. 1 , 2The following shall be deemed to be corrupt practices for the purposes of this Act:-- [(1) Bribery that is to say,-- (A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomso The Act came into force on 17 Jul 1951.
1 , 2The following shall be deemed to be corrupt practices for the purposes of this Act:--
3 [(1) Bribery that is to say,--
(A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing--
(a) a person to stand or not to stand as, or 4 [to withdraw or not to withdraw] from being a candidate at an election, or
(b) an elector to vote or refrain from voting at an election, or as a reward to
(i) a person for having so stood or not stood, or for 5 [having withdrawn or not having withdrawn] his candidature; or
(ii) an elector for having voted or refrained from voting;
(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward--
(a) by a person for standing or not standing as, or for 6 [withdrawing or not withdrawing] from being, a candidate; or
(b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate 4 [to withdraw or not to withdraw] his candidature.
Explanation.--For the purposes of this clause the term "gratification" is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in section 78.]
(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 7 [with the consent of the candidate or his election agent]], with the free exercise of any electoral right:
Provided that--
(a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who--
(i) the reatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or
(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;
(b) a declaration of public policy, or a 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 clause.
8[(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate:
9[Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.]
(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.]
10[(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
Explanation.--For the purposes of this clause, "sati" and "glorification" in relation to sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987 (3 of 1988).
(4) The publication by a candidate or his agent or by any other person 11 [with the consent of a candidate or his election agent], of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, 12 *** of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidates election.
(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessle by a candidate or his agent or by any other person 11 [with the consent of a candidate or his election agent] 13 [or the use of such vehicles or vessel for the free conveyance] of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under section 25 or a place fixed under sub-section (1) of section 29 for the poll:
Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:
Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.
Explanation.In this clause, the expression vehicle means any "vehicle" used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(6) The incurring or authorising of expenditure in contravention of section 77.
(7) The obtaining or procuring or a betting or attempting to obtain or procure by a candidate or his agent or, by any other person 11 [with the consent of a candidate or his election agent], any assistance (other than the giving of vote) for the furtherance of the prospects of that candidates election, 14 [from any person whether or not in the service of the Government] and belonging to any of the following classes, namely:--
(a) gazetted officers;
(b) stipendiary judges and magistrates;
(c) members of the armed forces of the Union;
(d) members of the police forces;
(e) excise officers;
15 [(f) revenue officers other than village revenue officers known as lambardars malguzars, patels, deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any police functions; and
(g) such other class of persons in the service of the Government as may be prescribed:
9 [Provided that where any person, in the service of the Government and belonging to any of the classes aforesaid, in the discharge or puported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent, (whether by reason of the office held by the candidate or for any other reason), such arrangements facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidates election];
16 [(h) class of persons in the service of a local authority, university, government company or institution or concern or undertaking appointed or deputed by the Election Commission in connection with the conduct of elections.]
17 [(8) Booth capturing by a candidate or his agent or other person.]
Explanation.--(1) In this section the expression "agent" includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate.
(2) For the purposes of clause (7), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent 18 *** of that candidate.
19 [(3) For the purposes of clause (7), notwithstanding anything contained in any other law, the publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Central Government (including a person serving in connection with the administration of a Union territory) or of a State Government shall be conclusive proof
(i) of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, and
(ii) where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service, such person ceased to be in such service with effect from the said date.]
20 [(4) For the purposes of clause (8), "booth capturing" shall have the same meaning as in section 135A.]
Section 123, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 31
- Andaman and Nicobar Islands Municipal Regulation 1994 s. 36
- Arunachal Pradesh Municipal Election Act, 2009 (Act No. 4 of 2009) s. 73
- Arunachal Pradesh Municipal Election Act, 2009 (Act No. 4 of 2009) s. 77
- Bihar Panchayat Raj Act s. 141
- Darjeeling Gorkha Hill Council Act s. 20
- Delhi Municipal Corporation Act s. 22 Corrupt practices
- Goa Panchayat Raj Act s. 23 Corrupt practices
- Gorkhaland Territorial Administration Act s. 22
- Haryana Municipal Corporation Act, 1994 (16 of 1994) s. 22
- Himachal Pradesh Municipal Corporation Act s. 21 Corrupt practices
- Jharkhand Municipal Act 2011 s. 586
- Jharkhand Panchayat Raj Act, 2001_English s. 12
and 19 more
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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Krishnamoorthy v. Sivakumar
Court's Decision & Legal Precedent
Appeal to religion by a candidate or with his consent is a corrupt practice of undue influence under RP Act s.123(2); the election is void under s.100. Voters' freedom of choice is protected against communal/religious pressure. Use Judgment order-26.pdf (2015-01-21), not same-date order-25/27 ROPs.
On this section: Appeal to religion by the candidate or with his consent is undue influence — a corrupt practice under s.123(2).
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Navjot Singh Sidhu vs Om Prakash Soni
Court's Decision & Legal Precedent
In an election petition founded on allegations of corrupt practice under Section 83(1)(b) of the Representation of the People Act, 1951, the election petitioner must plead material facts and provide full particulars of the corrupt practice alleged. However, such particulars need not be accompanied by original or photocopied documentary evidence (facta probantia or evidence) if the particulars themselves are sufficiently detailed, specific, and establish the material fact in question. The distinction between facta probanda (material facts required to be pleaded) and facta probantia (evidence to prove those facts) is fundamental; the absence of evidence documents does not vitiate a petition if material facts are adequately pleaded with sufficient detail as to dates, parties, amounts, rates, and calculations. However, allegations lacking essential particulars that form an integral part of establishing the corrupt practice—such as the source of information, methodology for calculating expenses, or basis of factual assertions—do not disclose a triable issue and must be struck off.
On this section: Defines corrupt practice concerning assistance from government servants. The court examined the amendment by Act 41 of 2009 (effective February 1, 2010) and whether a PSEB gazetted officer's assistance before/after government service transfer constitutes corrupt practice.
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Navjot Singh Sidhu vs Om Prakash Soni
Court's Decision & Legal Precedent
In an election petition founded on allegations of corrupt practice, the election petitioner must plead material facts and full particulars of the corrupt practice as required under Section 83(1)(b) of the Representation of the People Act, 1951. However, the election petitioner need not enclose all supporting documentary evidence (such as photocopies of newspapers) with the petition if detailed particulars of the allegations are provided in the pleading itself. The distinction between facta probanda (material facts to be proved) and facta probantia (facts by means of which material facts are proved) is crucial; pleadings must contain material facts but not necessarily all particulars or evidence. Particulars or evidence are to be proved at trial. However, where the document itself contains the ingredients of the corrupt practice alleged (as in cases involving posters or wall-paintings), the absence of such documents may be fatal. Additionally, allegations must be supported by a clear basis or source of information; vague allegations without any foundation regarding the source or basis of information do not disclose a triable issue.
On this section: Definition of corrupt practice; prior to amendment by Act 41 of 2009 (effective February 1, 2010), assistance from persons not in government service did not constitute corrupt practice; the Court examined whether the officer was in government service at the time assistance was allegedly provided
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Ajay Arun Singh vs Sharadendu Tiwari
Court's Decision & Legal Precedent
In election petitions challenging elections on grounds of corrupt practices, the requirement of Section 83(1) proviso can be satisfied by a single composite affidavit that covers both the verification requirements under CPC Order VI Rule 15(4) and the corrupt practice allegations, provided such affidavit is filed with the petition on the date of presentation in substantial compliance with Form 25. The question whether an affidavit was filed with the petition on the date of presentation is a pure question of fact that must be directly and substantially in issue in the proceeding for the doctrine of res judicata to apply. The failure of the Registrar to affix his signature on an affidavit does not constitute proof that the affidavit was not filed with the petition, as the act or omission of the Court shall not prejudice the rights of any party. Substantial compliance with the prescribed format of the affidavit is sufficient; absolute compliance is not necessary.
On this section: Definition of corrupt practices including appeal to voters in name of religion and bribery
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Ajay Arun Singh vs Sharadendu Tiwari
Court's Decision & Legal Precedent
Where an election petition is filed challenging an election on grounds of corrupt practice, the requirements of verification under Order VI Rule 15(4) of CPC and the requirement of an affidavit in Form 25 under proviso to Section 83(1) of the Representation of the People Act, 1951, can be satisfied by a single composite affidavit. Substantial compliance with statutory form requirements is sufficient; absolute compliance with prescribed format is not necessary. A defect in affidavit format is curable and does not render the election petition defective in limine. The absence of Registrar's signature on affidavit pages due to Registrar's omission does not create a rebuttable presumption that the affidavit was not filed with the original petition, as the court's act or omission shall not prejudice a party's rights. Questions of fact that were never in issue and not directly examined in earlier proceedings are not barred from being relitigated by principles of res judicata or estoppel. High Court Rules framed under Article 225 cannot override or curtail statutory provisions regarding jurisdiction of election petitions under Section 80A of the Representation of the People Act, 1951.
On this section: Subsections (1) and (6) relevant to this case - appeal to voters in name of religion and bribery are corrupt practices. Allegations of these practices were challenged in election petition.
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Pravasi Bhalai Sangathan vs U. O. I.
Court's Decision & Legal Precedent
Where statutory provisions provide comprehensive remedies for addressing hate speeches, and the existing legal regime is sufficiently developed to address the menace through enforcement by law enforcing agencies and executive bodies, courts should not issue new judicial directions that go beyond their separation of powers authority or create judicially unmanageable orders. Instead, courts should emphasize effective execution of existing law and request appropriate bodies like the Law Commission to undertake legislative study and make recommendations for strengthening the legal framework. Judicial activism, while legitimate for addressing legal vacuums or preventing fraud upon statutes, must yield to separation of powers principles and the primacy of legislative action when the legislature has already expressed its will through comprehensive statutory schemes.
On this section: Section 123(3) prohibits parties and candidates from appealing for votes on grounds of religion, race, caste, community, language etc.; Section 125 restrains creation of feelings of enmity or hatred between different classes of citizens; Court recognized these as directly applicable during elections but noted limitations
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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: This section defines undue influence as direct or indirect interference with free exercise of electoral rights. The court held that the facts of holding an unauthorized gathering do not constitute undue influence as defined in this section.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The freedom and tolerance of religion is only to the extent of permitting pursuit of spiritual life which is different from the secular life. The latter falls in the exclusive domain of the affairs of the State. This is also clear from sub-section (3) of Section 123 of the Representation of the People Act, 1951 which prohibits an appeal by a candidate or his agent or by any other person with the consent of the candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of or appeal to …
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… The investigation in respect of the crime is in progress. 4. The petitioner thereafter submitted Ext.P5 complaint to the Election Returning Officer pointing out this act, which is in violation of Section 123 of the Representation of the People Act, 1951. The petitioner requested the Returning Officer to take a decision on Ext.P5 complaint before the election and to stop the election till a decision is taken. The petitioner submits that the Returning Officer : 4 : informed the petitioner that the complaint can be …
Questions about Section 123
What have the courts held on Section 123 of the Representation of the People Act?
Krishnamoorthy v. Sivakumar (21 Jan 2015) is the leading judgment on this section among those set out below: Appeal to religion by the candidate or with his consent is undue influence — a corrupt practice under s.123(2). Another 6 judgments on this section are set out below, 6 of them from the Supreme Court. They run from 2013 to 2016.
How do I find court cases under Section 123 of the Representation of the People Act?
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: RP Act 1951 123, section 123 RP Act 1951, section 123 of the Representation of the People Act. People searching for it also type representation of the people act 1951 section 123 3 and representation of the people act 1951 section 123. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 7 reported judgments on this section are set out on this page, beginning with Krishnamoorthy v. Sivakumar (21 Jan 2015).
What should I read with Section 123 of the Representation of the People Act, and has it changed?
Its own text turns on section 25 (Provision of polling stations for constituencies), section 29 (Special provisions in the case of certain elections), section 77 (Account of election expenses and maximum thereof), section 78 (Lodging of account with the district election officer), and on 1 further provision, so none of them can safely be read on its own. 31 other provisions in this corpus refer back to it.
When did Section 123 of the Representation of the People Act come into force?
Section 123 of the Representation of the People Act, cited as RP Act 1951 123, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
- 2. Interpretation564 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. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.