Section 171H IPC: Illegal payments in connection with an election

Indian Penal Code, 1860

Section 171H IPC at a Glance

Section 171H IPC deals with illegal payments in connection with an election. It is bailable and non-cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 176 BNS.

Punishment

None. Section 171H IPC provides no imprisonment.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 176 →

Section 171H IPC Bare Act Text

171H. 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 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.

Source: Section 171H, Indian Penal Code, 1860

Section 171H IPC in Simple Words

Section 171H of the Indian Penal Code (IPC) punishes a person who, without the general or special authority in writing of a candidate, incurs or authorises expenses on a public meeting, an advertisement, a circular or a publication, or in any other way, for the purpose of promoting or procuring the election of that candidate. The punishment is fine which may extend to five hundred rupees.

If the expenses do not exceed ten rupees and the candidate approves them in writing within ten days from the date they were incurred, they are deemed to have been incurred with the candidate’s authority. The offence is non-cognizable and bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 171H IPC

  • The accused incurred or authorised expenses on account of a public meeting, an advertisement, a circular or a publication, or in any other way
  • The accused had neither the general nor the special authority in writing of the candidate
  • The expenses were for the purpose of promoting or procuring the election of that candidate

Punishment Under Section 171H IPC

Imprisonment

None. Section 171H IPC provides no imprisonment.

Fine

Fine which may extend to five hundred rupees.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Incurring or authorising election expenses for a candidate without that candidate’s authority in writing is punishable with fine which may extend to five hundred rupees.

Example of Section 171H IPC

During a parliamentary campaign in Nagpur in 2017, Suresh paid twelve thousand rupees to book a community hall for a public meeting and to place a newspaper advertisement for the purpose of promoting the election of candidate Deepa. Deepa had given Suresh neither general nor special authority in writing to incur or authorise those expenses, and because the sum exceeded ten rupees, the proviso for small ratified expenses did not apply. By incurring those unauthorised campaign expenses to promote her election, Suresh is punishable under Section 171H IPC.

When Section 171H IPC Does Not Apply

  • Section 171H IPC does not apply when the person incurred or authorised the expenses with the general or special authority in writing of the candidate.
  • Section 171H IPC does not apply where the expenses did not exceed ten rupees and the person obtained the candidate's written approval within ten days of incurring them.
  • Section 171H IPC does not apply if the expenditure was not incurred or authorised for the purpose of promoting or procuring the election of the candidate.
  • Section 171H IPC does not apply when the person neither incurred nor authorised any expense.

Section 171H IPC in the BNS

Section 171H IPC is now covered under Section 176 BNS.

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 detailed comparison (IPC 171H vs BNS 176) →

FAQs on Section 171H IPC

What does Section 171H IPC provide?▼

It punishes a person who, without the general or special authority in writing of a candidate, incurs or authorises expenses on a public meeting, an advertisement, a circular or a publication, or in any other way, for the purpose of promoting or procuring that candidate’s election.

What is the punishment under Section 171H IPC?▼

A fine of up to five hundred rupees. The section provides no imprisonment.

When are expenses treated as authorised under Section 171H IPC?▼

Where a person incurs expenses of not more than ten rupees without authority and gets the candidate’s written approval within ten days of incurring them, the law treats the expenses as authorised.

What purpose must the expenses serve under Section 171H IPC?▼

They must be for the purpose of promoting or procuring the election of the candidate.

Is an offence under Section 171H IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 171H IPC?▼

A Magistrate of the first class.

Can an offence under Section 171H IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 171H IPC in the Bharatiya Nyaya Sanhita?▼

In Section 176 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·