123. Corrupt practices.—
The following shall be deemed to be corrupt practices for the purposes of
this Act:—
3
[
(1) “Bribery” that is to say—
(A) any gift, offer or promise by a candidate or his agent or by any other person with the
consent of a candidate or his election agent of any gratification, to any person whomsoever, with
the object, directly or indirectly of inducing—
(a) a person to stand or not to stand as, or 4[to withdraw or not to withdraw] from being a
candidate at an election, or
(b) an elector to vote or refrain from voting at an election, or as a reward to—
(i) a person for having so stood or not stood, or for 5[having withdrawn or not having
withdrawn] his candidature; or
(ii) an elector for having voted or refrained from voting;
(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a
reward—
(a) by a person for standing or not standing as, or for 6[withdrawing or not withdrawing]
from being, a candidate; or
(b) by any person whomsoever for himself or any other person for voting or refraining
from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or
any candidate 3[to withdraw or not to withdraw] his candidature.
Explanation.—For the purposes of this clause the term “gratification” is not restricted to
pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment
and all forms of employment for reward but it does not include the payment of any expenses
bona fide incurred at, or for the purpose of, any election and duly entered in the account of election
expenses referred to in section 78.]
(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the
part of the candidate or his agent, or of any other person 7[with the consent of the candidate or his
election agent], with the free exercise of any electoral right:
Provided that —
(a) without prejudice to the generality of the provisions of this clause any such person as is
referred to therein who—
(i) threatens any candidate or any elector, or any person in whom a candidate or an
elector is interested, with injury of any kind including social ostracism and ex-communication
or expulsion from any caste or community; or
1. Subs. by Act 27 of 1956, s. 65, for the heading “CORRUPT AND ILLEGAL PRACTICES AND ELECTROAL OFFENCES”
(w.e.f. 28-8-1956).
2. Subs. by s. 66, ibid., for the heading Chapter I and II (w.e.f. 28-8-1956).
3. Subs. by Act 58 of 1958, s. 36, for clause
(1) (w.e.f. 30-12-1958).
4. Subs. by Act 47 of 1966, s. 53, for “to withdraw” (w.e.f. 14-12-1966).
5. Subs. by s. 53, ibid., for “having withdrawn” (w.e.f. 14-12-1966).
6. Subs. by s. 53, ibid., for “withdrawing” (w.e.f. 14-12-1966).
7. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958).
49
(ii) induces or attempts to induce a candidate or an elector to believe that he, or any
person in whom he is interested, will become or will be rendered an object of divine
displeasure or spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within
the meaning of this clause;
(b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal
right without intent to interfere with an electoral right, shall not be deemed to be interference within
the meaning of this clause.
1
[
(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or
his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste,
community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national
symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the
election of that candidate or for prejudicially affecting the election of any candidate:
2
[
Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious
symbol or a national symbol for the purposes of this clause.]
(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes
of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his
agent or any other person with the consent of a candidate or his election agent for the furtherance of the
prospects of the election of that candidate or for prejudicially affecting the election of any candidate.]
3
[(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or
his agent or any other person with the consent of the candidate or his election agent for the furtherance of
the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
Explanation.—For the purposes of this clause, “sati” and “glorification” in relation to sati shall
have the meanings respectively assigned to them in the Commission of Sati (Prevention)
Act, 1987 (3 of 1988)].
(4) The publication by a candidate or his agent or by any other person 4[with the consent of a
candidate or his election agent], of any statement of fact which is false, and which he either believes to be
false or does not believe to be true, in relation to the personal character or conduct of any candidate or in
relation to the candidature, or withdrawal, 5*** of any candidate, being a statement reasonably calculated
to prejudice the prospects of that candidate’s election.
(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessle by a candidate
or his agent or by any other person 4[with the consent of a candidate or his election agent] 6[or the use of
such vehicle or vessel for the free conveyance] of any elector (other than the candidate himself the
members of his family or his agent) to or from any polling station provided under section 25 or a place
fixed under sub-section
(1) of section 29 for the poll:
Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs
for the pupose of conveying him or them to and from any such polling station or place fixed for the poll
shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle
or vessel not propelled by mechanical power:
Provided further that the use of any public transport vehicle or vessel or any tramcar or railway
carriage by any elector at his own cost for the purpose of going to or coming from any such polling
station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.
1. Subs. by Act 40 of 1961, s. 23, for clause
(3) (w.e.f. 20-9-1961).
2. Ins. by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975).
3. Ins. by Act 3 of 1988, s. 19 (w.e.f. 21-3-1988).
4. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958).
5. The words “or retirement from contest” omitted by s. 36, ibid. (w.e.f. 30-12-1958).
6. Subs. by Act 47 of 1966, s. 53, “for the conveyance” (w.e.f. 14-12-1966).
50
Explanation.—In this clause, the expression “vehicle” means any vehicle used or capable of being
used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether
used for drawing other vehicles or otherwise.
(6) The incurring or authorising of expenditure in contravention of section 77.
(7) The obtaining or procuring or a betting or attempting to obtain or procure by a candidate or his
agent or, by any other person 1[with the consent of a candidate or his election agent], any assistance (other
than the giving of vote) for the furtherance of the prospects of that candidate’s election, 2[from any person
whether or not in the service of the Government] and belonging to any of the following classes,
namely:—
(a) gazetted officers;
(b) stipendiary judges and magistrates;
(c) members of the armed forces of the Union;
(d) members of the police forces;
(e) excise officers;
3
[
(f) revenue officers other than village revenue officers known as lambardars malguzars, patels,
deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a
share of, or commission on, the amount of land revenue collected by them but who do not discharge
any police functions; and
(g) such other class of persons in the service of the Government as may be prescribed:
4
[Provided that where any person, in the service of the Government and belonging to any of the
classes aforesaid, in the discharge or puported discharge of his official duty, makes any arrangements or
provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or
any other person acting with the consent of the candidate or his election agent (whether by reason of the
office held by the candidate or for any other reason), such arrangements facilities or act or thing shall not
be deemed to be assistance for the furtherance of the prospects of that candidate’s election;]
5
[
(h) class of persons in the service of a local authority, university, government company or
institution or concern or undertaking appointed or deputed by the Election Commission in connection
with the conduct of elections.]
6
[
(8) Booth capturing by a candidate or his agent or other person.]
Explanation.—
(1) In this section the expression “agent” includes an election agent, a polling agent
and any person who is held to have acted as an agent in connection with the election with the consent of
the candidate.
(2) For the purposes of clause
(7), a person shall be deemed to assist in the furtherance of the
prospects of a candidate’s election if he acts as an election agent 7*** of that candidate.
8
[
(3) For the proposes of clause
(7), notwithstanding anything contained in any other law, the
publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or
removal from service of a person in the service of the Central Government (including a person serving in
connection with the administration of a Union territory) or of a State Government shall be conclusive
proof—
(i) of such appointment, resignation, termination of service, dismissal or removal from service, as
the case may be, and
1. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958).
2. Subs. by Act 41 of 2009, s. 6, for certain words (w.e.f. 1-2-2010).
3. Subs. by Act 58 of 1958, s. 36, for sub-clause
(f) (w.e.f. 30-12-1958).
4. Ins. by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975).
5. Ins. by Act 41 of 2009, s. 6 (w.e.f. 1-2-2010).
6. Ins. by Act 1 of 1989, s. 13 (w.e.f. 15-3-1989).
7. The words “or a polling agent or a counting agent” omitted by Act 47 of 1966, s. 53 (w.e.f. 14-12-1966).
8. Added by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975).
51
(ii) where the date of taking effect of such appointment, resignation, termination of service,
dismissal or removal from service, as the case may be, is stated in such publication, also of the fact
that such person was appointed with effect from the said date, or in the case of resignation,
termination of service, dismissal or removal from service such person ceased to be in such service
with effect from the said date.]
[
(4) For the purposes of clause
(8), “booth capturing” shall have the same meaning as in
1
section 135A.]
CHAPTER III
ELECTORAL OFFENCES
2
