Introduction of Section 176 BNS
BNS Section 176 deals with illegal payments made during elections. It covers cases where someone spends money or authorizes expenses for a candidate’s election campaign without the written permission of that candidate. The section also explains the punishment for such illegal activities, which is a fine of up to ten thousand rupees.
The Bharatiya Nyaya Sanhita (BNS) Section 176 replaces the old Indian Penal Code (IPC) Section 171-H.
- Introduction of Section 176 BNS
- What is BNS Section 176 ?
- BNS 176 in Simple Points
- Section 176 BNS Overview
- BNS 176 Punishment
- BNS 176 bailable or not ?
- Bharatiya Nyaya Sanhita Section 176
- BNS Section 176 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 176 ?
BNS Section 176 prohibits anyone from making election-related payments or incurring expenses without the written authorization of the candidate. It ensures transparency in election expenses and prevents unauthorized payments that may influence the election process. Violation of this law can result in a fine of up to ten thousand rupees.

BNS 176 in Simple Points
- Unauthorized Payments: Any expenses incurred for a candidate’s campaign, without their written permission, are considered illegal.
- Fine for Violation: The person responsible for these illegal payments can be fined up to ₹10,000.
- Written Authorization Required: Only payments authorized in writing by the candidate are allowed.
- Exception for Small Expenses: If the unauthorized expense is less than ₹10 and the candidate approves it in writing within 10 days, it is considered valid.
- Non-Cognizable and Bailable: This offense is non-cognizable, meaning the police need a warrant to arrest, and it is also bailable, allowing the accused to apply for bail.
Section 176 BNS Overview
BNS Section 176 is essential for maintaining fairness and transparency in elections. It ensures that all expenses are authorized and reported properly, preventing candidates or supporters from using secret funds to unfairly influence the election outcome.
BNS Section 176: Illegal Payments in Connection with an Election : 10 Key Points
1. Prohibition on Unauthorized Election Expenses:
- This section prohibits any person from making payments or authorizing expenses for a candidate’s election campaign without the written permission of the candidate.
- Example: If a person spends money on organizing a rally for a candidate without the candidate’s written approval, it is considered an illegal payment under this section.
- The purpose of this rule is to ensure that only expenses authorized by the candidate are allowed, avoiding the misuse of funds and ensuring transparency in election spending.
2. Expenses for Public Meetings, Advertisements, and Promotions:
- It covers a wide range of election-related activities, such as public meetings, advertisements, circulars, and other promotional activities.
- If these expenses are made to promote or support a candidate without the candidate’s explicit written authorization, they are deemed illegal.
- This rule ensures that candidates control their campaign’s financial resources and no one else can influence the election outcome through unauthorized expenses.
3. Maximum Fine of ₹10,000 for Violations:
- If someone violates this section by making unauthorized payments, they can be fined up to ₹10,000.
- This fine acts as a deterrent to prevent individuals from making illegal payments or contributing to a candidate’s election campaign without proper authorization.
- Example: If someone spends ₹15,000 on printing posters for a candidate without the candidate’s written consent, they could face a penalty of up to ₹10,000.
4. Exception for Small Expenses (Under ₹10):
- There is an exception for small expenses that do not exceed ₹10. If a person incurs such a small expense without authorization but gets written approval from the candidate within 10 days, the expense is considered legal.
- This exception provides flexibility for minor, unintentional expenses and allows for retroactive approval of small payments.
- Example: A supporter prints a few pamphlets costing ₹8 to promote a candidate. If they get written approval from the candidate within 10 days, this expense is legal.
5. Written Authorization is Essential:
- The section emphasizes that written permission from the candidate is essential for any election-related expenses.
- Verbal agreements or informal authorizations are not acceptable. Only expenses backed by written authorization are considered legitimate.
- This rule ensures that election finances are documented, transparent, and traceable.
6. Non-Cognizable Offense:
- The offense under BNS Section 176 is classified as non-cognizable, which means the police cannot arrest the person without a warrant.
- The police can only investigate the offense if they receive a complaint, and they cannot take any direct action without judicial authorization.
- This gives some protection to the accused, ensuring that they are not immediately arrested without a proper legal process.
7. Bailable Offense:
- The offense is bailable, which means that if a person is charged under this section, they can apply for bail and be released from custody while the case is ongoing.
- The person does not have to remain in jail until the trial is completed, which provides relief and ensures that their liberty is not unduly restricted.
- Bail can typically be granted by the court or the police at the station after arrest.
8. Non-Compoundable Offense:
- This offense is non-compoundable, meaning that the parties involved cannot settle the matter out of court.
- Even if the person who made the unauthorized payment and the candidate agree to resolve the issue, the case must still be taken to court for a legal resolution.
- The objective is to maintain fairness and integrity in the election process, ensuring that violations are addressed through the judicial system.
9. Trial by Magistrate of the First Class:
- The case under this section will be tried by a Magistrate of the First Class, which is a judicial authority that handles such offenses.
- A Magistrate of the First Class has the authority to impose fines and other penalties for minor offenses like illegal payments in elections.
- The trial ensures that the case is handled in a formal and legal manner, maintaining justice in the electoral process.
10. Ensures Transparency and Fairness in Elections:
- The overarching purpose of BNS Section 176 is to promote transparency and fairness in elections by regulating campaign expenses.
- By requiring written authorization for all expenses, the law ensures that election finances are properly documented, preventing secret or undue influence over voters.
- This section protects the integrity of the election process, ensuring that candidates and their supporters follow clear rules when it comes to spending money.
Examples of BNS Section 176:
- Example 1: A person prints election banners for a candidate but doesn’t have the candidate’s written permission. They are fined ₹5,000 for making this unauthorized payment under BNS Section 176.
- Example 2: A supporter organizes a public meeting to promote a candidate but without the candidate’s approval. If the expense exceeds ₹10 and no approval is obtained, the person faces a fine of up to ₹10,000.
BNS 176 Punishment
- Fine: A person guilty of making illegal payments in connection with an election can be fined up to ₹10,000.
- No Imprisonment: There is no mention of imprisonment for this offense; the punishment is limited to a fine.

BNS 176 bailable or not ?
BNS Section 176 is a bailable offense, meaning the accused can apply for bail and does not have to remain in custody during the trial.
Bharatiya Nyaya Sanhita Section 176
Section | Offense | Punishment | Cognizability | Bailability | Triable By |
---|---|---|---|---|---|
BNS Section 176 | Illegal payments in connection with elections | Fine up to ₹10,000 | Non-cognizable | Bailable | Magistrate of the First Class |
BNS Section 176 FAQs
What does BNS Section 176 cover?
It covers illegal payments made during election campaigns without the written permission of the candidate.
What is the punishment under BNS Section 176?
The punishment is a fine that can go up to ₹10,000.
Is BNS Section 176 a cognizable offense?
No, it is a non-cognizable offense, meaning the police need a court order to arrest someone for this offense.
Can someone get bail if accused under BNS Section 176?
Yes, it is a bailable offense, so the accused can apply for bail.
Who will try cases under BNS Section 176?
Cases under this section are tried by a Magistrate of the First Class.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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