Section 176 BNS: Illegal payments in connection with an election
Bharatiya Nyaya Sanhita, 2023
Section 176 BNS at a Glance
Section 176 BNS deals with illegal payments in connection with an election. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 171H IPC on 1 July 2024.
None. Section 176 BNS provides no imprisonment.
Section 176 BNS Bare Act Text
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.
Source: Section 176, Bharatiya Nyaya Sanhita, 2023
Section 176 BNS in Simple Words
Section 176 of the Bharatiya Nyaya Sanhita (BNS) punishes any person who, without the general or special authority in writing of a candidate, incurs or authorises expenses on account of holding 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 that candidate. The punishment is a fine which may extend to ten thousand rupees.
This section includes a proviso for small expenses. If a person incurs such expenses not exceeding ten rupees without authority, and obtains the candidate's approval in writing within ten days from the date on which the expenses were incurred, that person is deemed to have incurred the expenses with the authority of the candidate.
In practice, this provision ensures that campaign spending to promote a candidate's election takes place only with the candidate's written authorisation, preventing unauthorised persons from spending money on meetings, pamphlets, or advertisements on a candidate's behalf.
Ingredients of Section 176 BNS
- Expenses incurred or authorised for promoting or procuring the election of a candidate
- No general or special authority in writing from that candidate
- Fine, now up to ten thousand rupees under the Bharatiya Nyaya Sanhita, 2023
Punishment Under Section 176 BNS
None. Section 176 BNS provides no imprisonment.
Fine which may extend to ten thousand rupees.
Incurring or authorising election expenses for a candidate without that candidate's authority in writing is punishable with fine which may extend to ten thousand rupees.
Example of Section 176 BNS
When Section 176 BNS Does Not Apply
- The candidate had given general or special authority in writing for the expenses
- The expenses did not exceed ten rupees and the candidate approved them in writing within ten days from the date they were incurred
- The expenses were not for the purpose of promoting or procuring the election of the candidate
- No expenses were incurred or authorised
Section 176 BNS in the IPC (Previous Law)
Section 176 BNS replaces Section 171H IPC from the old criminal code.
Section 171H IPC is now Section 176 BNS, with the same title and the same words except for the fine. The upper limit of the fine rises from five hundred rupees to ten thousand rupees.
View IPC Section 171H →FAQs on Section 176 BNS
What does Section 176 BNS punish?▼
It punishes incurring or authorising expenses for holding a public meeting, or for any advertisement, circular, or publication, or in any other way to promote or procure the election of a candidate, without the candidate's general or special authority in writing.
Under Section 176 BNS, is there any exception for small expenses incurred without prior written authority?▼
Under the proviso to Section 176 BNS, if the expenses incurred without authority do not exceed ten rupees and the person obtains the candidate's approval in writing within ten days from the date the expenses were incurred, he is deemed to have incurred them with the candidate's authority.
Does Section 176 BNS apply when the candidate has authorised the expenses in writing?▼
No. If the candidate has given general or special authority in writing for the expenses, no offence is committed under Section 176 BNS.
What is the punishment under Section 176 BNS?▼
The punishment under Section 176 BNS is a fine which may extend to ten thousand rupees. No imprisonment is prescribed under this section.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·