Introduction

Elections are the foundation of a democracy. They give people the power to choose their leaders and decide the direction of governance. For any election to be meaningful, it must be conducted fairly, transparently, and free from manipulation or wrongdoing. Recognizing this need, the Bharatiya Nyaya Sanhita, 2023 (BNS) includes specific provisions in Chapter 9 to address offences that can disrupt or corrupt the election process.

This article breaks down what Chapter 9 says about election-related offences, the kind of actions that are now punishable, and why these changes matter to all of us as citizens.

Why Offences During Elections Are Taken Seriously

India is the world’s largest democracy. With hundreds of millions of voters and thousands of candidates participating in elections, the process must be protected from unethical practices. When votes are bought, voters are threatened, or officials are bribed, the very foundation of democracy begins to crack.

That’s why Chapter 9 of the BNS introduces strict legal measures to prevent such acts and penalize those who try to manipulate the system.

Key Offences Under BNS Chapter 9

Let’s explore the main categories of election-related offences covered under this chapter, written in plain language for easy understanding.

1. Bribery of Voters

Bribery refers to offering money, gifts, or any kind of reward to a person to influence their vote. It also includes accepting such offers.

Why it matters: Bribery damages the idea of free choice. It turns elections into a market where votes are bought, not earned.

Legal consequence: If someone is caught giving or receiving a bribe related to voting, they can face imprisonment, a fine, or both.

2. Undue Influence

This offence involves using pressure, threats, or force to make a person vote in a particular way or stop them from voting altogether.

Example: Forcing someone to vote for a specific party or threatening to harm their family if they don’t comply.

Purpose of the law: Voters should be able to decide without fear. This section ensures every person can vote freely and safely.

3. Personation or Impersonation

This happens when someone pretends to be another person and votes in their name. It could also mean casting a vote more than once or using a fake identity to vote.

Real-life issue: Fake voting has been a long-standing concern in Indian elections. This law directly targets such misconduct.

Penalty: Those caught impersonating voters can face criminal punishment under the law.

4. Publishing False Information About Candidates

Spreading lies or false claims about a candidate’s personal life, criminal record, or qualifications during an election is a serious offence.

Example: Circulating fake news that a candidate has been involved in illegal activities when it’s not true.

Why it’s harmful: It misleads voters and affects the integrity of the election.

5. Illegal Spending and Payments

Every candidate is required to follow strict rules about how much money they can spend on their campaign. Spending beyond this limit, using black money, or making unaccounted payments to influence the election process are punishable.

How this helps: Controlling campaign expenditure prevents wealth from becoming a deciding factor in elections.

6. Obstruction of Election Officials

Interfering with the duties of election officers, such as booth officials, polling staff, or those carrying ballot boxes or EVMs, is also considered a criminal offence.

Example: Intimidating polling officers, seizing voting machines, or trying to shut down polling booths.

Legal outcome: The law imposes strong penalties on those who try to disrupt the election machinery.

How Is BNS Chapter 9 Different from the Old Law?

Earlier, such offences were covered under the Indian Penal Code (IPC), particularly under Sections 171A to 171I. However, these sections were often outdated and vague.

Under the Bharatiya Nyaya Sanhita:

• The language is clearer and more modern.

• The offences are defined in a more structured and accessible way.

• There is greater emphasis on accountability and punishment.

This makes the law more effective and easier for citizens and officials to understand and apply.

The Real-World Impact of These Provisions

In recent years, election-time violations have become a serious concern—whether it’s the distribution of cash and liquor, use of fake identities, or the spread of misinformation through social media.

By including clear penalties for these offences, BNS Chapter 9 strengthens the legal framework around elections. It empowers authorities to take action and acts as a deterrent for those who plan to manipulate the system.

It also gives more confidence to the voters. When people know that their rights are being protected by strong laws, they are more likely to participate in the democratic process.

What This Means for You as a Voter

Whether you are a first-time voter or someone who has participated in many elections, it’s important to understand that:

• Your vote is your right. No one can buy it or threaten you to give it up.

• You have the right to vote freely, without fear or pressure.

• If you see anything suspicious during elections, you can report it to the authorities.

• The law is on your side—and the new provisions ensure that those who try to cheat the system will be punished.

Frequently Asked Questions

Q. Is offering free goods to voters considered bribery?
Yes, any gift, offer, or promise made to influence voting is a form of bribery and is punishable.

Q. What should I do if I see someone impersonating a voter?
Report the incident to the nearest polling official or call the election helpline. It is a criminal offence.

Q. Can a candidate be disqualified for committing these offences?
Yes. In addition to legal punishment, they can face disqualification under election rules.

Q. Are social media posts also covered under these laws?
If someone spreads false or defamatory content about a candidate, even through social media, it can be considered an offence.

Final Thoughts

Chapter 9 of the Bharatiya Nyaya Sanhita, 2023 is a strong move towards preserving the spirit of democracy in India. It brings clarity, accountability, and a modern approach to dealing with election-related crimes.

As responsible citizens, understanding these laws is not just about knowing our rights—it’s also about ensuring we respect the system that gives us those rights. Free and fair elections are a shared responsibility, and with better legal tools in place, we can all contribute to making India’s democratic process stronger and more transparent.