Electoral offences are criminal acts committed during or in connection with elections that undermine electoral freedom, fairness, secrecy or integrity. They are primarily governed by the Representation of the People Act (RPA), 1951 and the Bharatiya Nyaya Sanhita (BNS), 2023.

Major Electoral Offences under the RPA, 1951

Electoral Offences under the Representation of the People Act

Offence	Provision
Promoting enmity between communities in connection with an election Promoting hatred on grounds of religion, race, caste, community, or language in connection with an election	Section 125
Filing a false affidavit or concealing required information Failure to furnish information, giving false information, or concealing information in nomination papers or affidavits.	Section 125A
Campaigning or displaying election matter during the 48-hour silence period Convening, attending, or addressing public meetings or displaying election matter via TV/media during the 48 hours ending with the conclusion of the poll	Section 126
Publishing exit-poll results during the prohibited period Conducting, publishing, or disseminating the results of any exit poll during the period notified by the Election Commission.	Section 126A
Disturbing an election meeting Acting in a disorderly manner to prevent the transaction of business at a public election meeting	Section 127
Printing election pamphlets without identifying the printer and publisher	Section 127A
Breaching the secrecy of voting Officers, agents, or clerks failing to maintain the secrecy of voting	Section 128
Influencing Voting by Officers Election officers or police members acting for candidates or endeavoring to persuade/dissuade any person from voting.	Sections 129
Canvassing within 100 metres of a polling station Soliciting votes or exhibiting notices within one hundred metres of a polling station on polling day	Section 130
Disorderly conduct Using loudspeakers or shouting in a manner that causes annoyance or interferes with election work near a polling station	Sections 131
Misconduct at Polling Station Failing to obey the lawful directions of the presiding officer.	Section 132
Failure to Observe Voting Procedure Refusing to follow the prescribed procedure for voting after a ballot paper is issued.	Section 132A
Illegal hiring of vehicles for transporting voters	Section 133
Breaches of Official Duty Any person (officers, clerks, etc.) guilty of an act or omission in breach of official duty without reasonable cause	Section 134
Govt Servants Acting as Agents Any person in government service acting as an election, polling, or counting agent.	Section 134A
Carrying arms near a polling station	Section 134B
Unauthorised removal of ballot papers	Section 135
Booth capturing	Section 135A
Denial of paid holiday to employees on polling day	Section 135B
Sale or distribution of liquor during the prohibited period	Section 135C
Tampering with nomination papers, ballot papers, EVMs or official election material	Section 136

Electoral Offences under the BNS, 2023

Electoral offence	Provision
Bribery—giving or accepting gratification to influence the exercise of an electoral right	Section 170
Undue influence—interfering with the free exercise of an electoral right through threats or coercion	Section 171
Personation—voting in another person’s name or voting more than once	Section 172
Making or publishing false statements about a candidate’s personal character or conduct to affect the election result	Section 175
Incurring election expenditure without the candidate’s written authority	Section 176
Failure to maintain legally required accounts of election expenditure	Section 177

Procedure for Dealing with Electoral Offences

Investigation: Police investigate the offence according to the applicable criminal-procedure law.
Criminal trial: A competent criminal court determines guilt and awards the prescribed punishment.

Implications of Conviction

Criminal punishment
- The convicted person may face imprisonment, fine or both, according to the particular offence under the RPA, 1951 or the BNS, 2023.
- Example

Electoral Offences under RPA, 1951	Implications / Penalties if Found Guilty
Promoting Enmity between Classes (Sec 125): Promoting hatred on grounds of religion, race, caste, community, or language in connection with an election.	Imprisonment for a term up to three years, or a fine, or both.
Filing False Affidavits (Sec 125A): Failure to furnish information, giving false information, or concealing information in nomination papers or affidavits.	Imprisonment for a term up to six months, or a fine, or both.

Disqualification from membership (Civil Disabilities )
- Conviction for specified offences may attract disqualification under Section 8 of the RPA, 1951.
  - Conviction for electoral bribery, undue influence or personation, promoting electoral enmity, removal of ballot papers, booth capturing and offence of Fraudulently defacing or fraudulently destroying any nomination paper attracts disqualification from contesting elections and holding legislative membership.
- Period of Disqualification:
  - If sentenced to only a fine: Disqualified for six years from the date of conviction.
  - If sentenced to imprisonment: Disqualified from the date of conviction and continues for a further period of six years following release from prison
- General two-year rule — Section 8(3)
  - Conviction for any other offence accompanied by imprisonment of at least two years also attracts disqualification from conviction until six years after release.
    - Electoral Offences That May Attract Section 8(3)
      - Section 8(3) applies only when:
      - The court actually imposes imprisonment of two years or more.
      - Among electoral offences, the following may potentially satisfy this requirement:

Electoral offence	Maximum punishment	Applicability of Section 8(3)
Violation of the 48-hour election silence period—Section 126, RPA	Up to 2 years	Applies only if the court awards the maximum sentence of 2 years
Conducting or publishing an exit poll during the prohibited period—Section 126A, RPA	Up to 2 years	Applies only if 2 years’ imprisonment is actually awarded
Going armed to or near a polling station—Section 134B, RPA	Up to 2 years	Applies only if 2 years’ imprisonment is actually awarded

- Loss of existing legislative seat
  - A sitting MP or MLA incurs immediate disqualification upon conviction attracting Section 8. In Lily Thomas v. Union of India (2013), the Supreme Court invalidated the protection previously available to sitting legislators under Section 8(4).

Disqualification from voting — Section 11A
- A person convicted of electoral bribery, undue influence or personation, promoting electoral enmity under Section 125, removal of ballot papers under Section 135 or fraudulent defacement or destruction of nomination papers by a returning officer, presiding officer, or other official on duty under Section 136(2)(a) is disqualified from voting for six years from conviction.

Remedies Available to a Person Convicted of an Electoral Offence

Appeal against conviction
- The convicted person may challenge the conviction or sentence before the competent appellate court under the BNSS, 2023.
Suspension of sentence and bail
- The appellate court may suspend the sentence and grant bail pending appeal. However, suspension of sentence alone does not remove the resulting electoral disqualification.
Stay of conviction
- The appellate court may stay the conviction in exceptional circumstances. A stay of conviction prevents the conviction-based disqualification from operating during the stay.
Reversal of conviction
- If the appellate court sets aside the conviction, the disqualification based on that conviction ceases to operate.
Removal or reduction of disqualification(Section 11 of RPA, 1951)
- The Election Commission may, for reasons recorded in writing, remove or reduce a membership disqualification arising under Section 8.
- Note — However, it cannot remove or reduce a disqualification imposed for corrupt practices under Section 8A.
Removal of voting disqualification(Section 11B of RPA, 1951)
- The Election Commission may remove the disqualification from voting imposed under Section 11A, after recording reasons.

Comparison of Corrupt Practices and Electoral Offences

Feature	Corrupt Practices	Electoral Offences
Legal Basis	Defined exclusively under Section 123 of the Representation of the People (RP) Act, 1951.	Found in Chapter IX of the Bharatiya Nyaya Sanhita (BNS), 2023 and Chapter III of Part VII of the RPA, 1951.
Scope of Application	Specifically relatable only to elections for Parliament and State legislatures.	BNS offences relate to all elections for elective bodies in the country; RP Act offences relate to Parliament and State legislatures.
Impact on Election Result	Can vitiate the entire election, potentially resulting in the candidate's election being declared void.	Does not have a fatal bearing on the overall election result as it primarily results in criminal liability (imprisonment/fine) for the individual But in certain specific cases, these offences can have a "fatal bearing" on the overall election result.
Who Suffers Legal Consequences	The entire constituency suffers because the candidate loses their seat and representation is lost until a new election.	Primarily the individual committing the offence suffers for their specific criminal liability.
Timing of Legal Action	Can only be challenged after the election is completed through an election petition.	Cognizance can be taken immediately upon commission.
Primary Nature of Liability	Entails civil disabilities, such as disqualification from voting or contesting elections for a specified period.	Results in criminal liability (imprisonment and/or fine), though some specified offences also attract civil disabilities of voting and contesting elections

Overlap between Electoral Offences and Corrupt Practices

Some acts constitute both a corrupt practice under Section 123 of the RPA, 1951 and a criminal electoral offence under the RPA or BNS.

Conduct	Corrupt practice	Electoral offence
Bribing voters	Section 123(1), RPA	Sections 170, BNS
Unduly influencing or coercing voters	Section 123(2), RPA	Sections 171, BNS
Publishing false statements about a candidate’s personal character or conduct	Section 123(4), RPA	Section 175, BNS
Illegally hiring vehicles to transport voters	Section 123(5), RPA	Section 133, RPA
Obtaining assistance of specified government servants for a candidate	Section 123(7), RPA	May also attract Sections 129 or 134A of RPA, depending on the conduct
Booth capturing	Section 123(8), RPA	Section 135A, RPA
Promoting religious or communal hostility during elections	May attract Section 123(3) or 123(3A), depending on the act	Section 125, RPA

Different Proceedings and Consequences

Criminal prosecution
- As an electoral offence, the act is investigated and tried by a criminal court and may result in imprisonment or fine.
Election petition
- As a corrupt practice, the act must be proved through an election petition before the High Court and may result in the election being declared void.
Separate disqualifications
- Conviction for specified electoral offences attracts disqualification under Section 8, whereas being found guilty of a corrupt practice may attract disqualification under Section 8A.
Parallel action possible
- The same conduct may lead simultaneously to criminal prosecution and an election petition because the two proceedings serve different purposes.

Sample Mains Question

1.What are electoral offences? Discuss the major electoral offences recognised under the Representation of the People Act, 1951 and the Bharatiya Nyaya Sanhita, 2023. (150 Words, 10 Marks)

Trending Today

✍️ Curated by InclusiveIAS Editorial Team

At InclusiveIAS, our editorial team is led by experts who have successfully cleared multiple stages of the UPSC Civil Services Examination, including Mains and Interview. With deep insights into the demands of the exam, we focus on crafting content that is accurate, exam-relevant, and easy to grasp.

Whether it’s Polity, Current Affairs, GS papers, or Optional subjects, our notes are designed to:

Break down complex topics into simple, structured points
Align strictly with the UPSC syllabus and PYQ trends
Save your time by offering crisp yet comprehensive coverage
Help you score more with smart presentation, keywords, and examples

🟢 Every article, note, and test is not just written—but carefully edited to ensure it helps you study faster, revise better, and write answers like a topper.