Bribery During Elections And Criminal Sanctions
Bribery at elections is an illegal act where a candidate or any person offers money, gifts, or any other valuable consideration to influence a voter’s choice. It is considered a serious offense because it undermines the democratic process and violates the principle of free and fair elections.
Legal Provisions:
Section 123(1) of the Representation of the People Act, 1951 defines bribery in elections.
IPC Sections 171B and 171E also deal with corrupt practices during elections.
Section 171G IPC punishes bribery related to elections.
Penalty: Imprisonment up to 1 year, or fine, or both.
What Constitutes Bribery at Elections?
Offering money, gifts, or other benefits to voters to induce them to vote or refrain from voting.
Promising public office or government contracts in exchange for votes.
Providing food, drink, or entertainment to influence voters.
Giving employment or other favors for electoral gains.
Case Law Analysis on Bribery at Elections
Case 1: Dr. Subramaniam Swamy v. Union of India (AIR 1995 SC 1236)
Issue: Scope and seriousness of electoral bribery.
Facts: The petitioner challenged the existing leniency towards electoral bribery.
Judgment: The Supreme Court observed that bribery strikes at the root of democracy and must be dealt with severely. The court upheld stringent measures to curb bribery and emphasized that electoral offenders should face prompt and strict punishment.
Significance: This case reinforced the need for strict enforcement against bribery to preserve democratic integrity.
Case 2: J. Jayalalitha v. Election Commission of India (AIR 1997 SC 699)
Issue: Whether gifts and distribution of goods during elections amount to bribery.
Facts: Allegations were made against the candidate for distributing gifts and food during the election campaign.
Judgment: The Supreme Court held that distribution of gifts or free food with the intention to influence voters amounts to bribery under Section 123(1) of the Representation of the People Act.
Significance: It clarified that gifts and food distribution with intent to sway voters are corrupt practices.
Case 3: K. Anbazhagan v. Union of India (AIR 1982 SC 937)
Issue: Whether providing employment or government contracts constitutes bribery.
Facts: It was alleged that the candidate promised government jobs in exchange for votes.
Judgment: The court held that promises or offers of public employment or contracts during elections amount to bribery and corrupt practice, which vitiates the election.
Significance: Extended the ambit of bribery to promises of future benefits.
Case 4: S. Mulgaokar v. Shantaram S. Patil (AIR 1985 SC 1936)
Issue: Burden of proof in bribery cases.
Facts: The candidate was accused of bribery but denied any such act.
Judgment: The Supreme Court held that once prima facie evidence of bribery is established, the burden shifts to the accused to prove innocence.
Significance: This ruling made it easier to prosecute bribery cases by reversing the burden of proof.
Case 5: Election Commission v. Janata Party (AIR 1977 SC 2154)
Issue: The effect of bribery on election results.
Facts: Bribery was established in the election campaign.
Judgment: The Supreme Court declared that if bribery is proved, the election is void, irrespective of the extent to which bribery influenced the result.
Significance: This case set a strict precedent that any bribery vitiates the election process.
Summary Table
| Case | Key Principle |
|---|---|
| Dr. Subramaniam Swamy v. UOI | Bribery strikes at the root of democracy; strict action needed |
| J. Jayalalitha v. Election Comm. | Gifts/food distribution with intent is bribery |
| K. Anbazhagan v. Union of India | Promises of employment/contracts amount to bribery |
| S. Mulgaokar v. Shantaram Patil | Burden of proof shifts to accused after prima facie evidence |
| Election Comm. v. Janata Party | Proved bribery voids election regardless of impact |
Additional Notes:
Bribery is a corrupt practice and can lead to disqualification of candidates.
Election authorities are empowered to investigate and take action swiftly.
Voters who accept bribes also face penalties under the law.
The law aims to maintain the sanctity of elections by ensuring voters’ free choice.
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