Legal Consequences of Electoral Malpractices and How to Report Them 🇮🇳

Introduction: Why Clean Elections Matter

Let’s be honest—elections in India are emotional, energetic, and… sometimes chaotic. But while a little excitement is great for democracy, malpractices during elections are not.

Imagine this: You’re ready to vote, but someone has already voted in your name. Or worse, someone is offering cash to buy votes in your neighbourhood. You feel helpless, right?

This is why understanding electoral malpractices, their legal consequences, and how to report them is key for every responsible citizen.

In this blog, we break it all down—in everyday language—so you know your rights, the law, and how to act when something’s wrong.

What Are Electoral Malpractices?

Electoral malpractices are unethical or illegal acts intended to manipulate the outcome of elections. They can be committed by candidates, political parties, agents—or even voters.

Common examples include:

Bribing voters with money, liquor, or gifts
Threatening or intimidating voters
Fake voting (also called booth capturing)
Misuse of government machinery
False information in election affidavits
Paid news and hate speech

And guess what? These are punishable offenses under Indian law.

Why Do People Still Do It?

Short answer: To win unfairly.

Some believe they can get away with it due to lack of awareness, delayed legal action, or voters not reporting them. But that’s changing. Technology, vigilant citizens, and stricter enforcement are improving things.

Still, your awareness and action can make all the difference.

Legal Framework: What the Law Says

Electoral malpractices are dealt with under multiple Indian laws:

Representation of the People Act, 1951 (RPA)
Indian Penal Code (IPC)
Election Commission of India guidelines

Let’s look at the main offenses and their legal consequences.

1. Bribery and Vote Buying

Offering money, liquor, food, or even promising jobs in exchange for votes? That’s bribery.

Section 171B of IPC:
Punishment – Up to 1 year imprisonment, or fine, or both.

RPA Section 123:
Bribery is considered a corrupt practice, which can lead to disqualification of the candidate.

2. False Statements and Misleading Campaigns

Spreading fake news or defaming a rival candidate is illegal.

Section 171G of IPC:
Making false statements about a candidate’s personal character or conduct can lead to up to 6 months in jail or fine.

3. Booth Capturing and Fake Voting

Forcing or impersonating voters to cast fake ballots is a serious offense.

RPA Section 135A:
Booth capturing is punishable with 1 to 3 years of imprisonment and fine.

IPC Section 171D:
Impersonation at elections can result in up to 1 year imprisonment or fine.

4. Paid News and Fake Advertisements

Publishing political content as “news” without disclosing sponsorship is a violation.

The Election Commission can:

Issue a show cause notice
Disqualify a candidate
File a criminal complaint under Section 171H of IPC

5. Use of Religious or Caste-Based Appeals

Making appeals to voters based on religion, caste, or community is unethical and illegal.

RPA Section 123(3):
This is treated as a corrupt practice, leading to possible disqualification and criminal prosecution.

6. Misuse of Government Machinery

Using public resources for election campaigns is a big no.

Government officials involved can face:

Departmental action
Suspension or dismissal
Legal action under Section 123(7) of the RPA

Real-Life Case Studies: The Law in Action

🧾 Case 1: Fake Voter ID Scam in Tamil Nadu

In 2019, over 10,000 voter ID cards were discovered in a private apartment in Bangalore just days before elections. The Election Commission suspended the local official, canceled polling in that constituency, and started criminal proceedings against the responsible party.

🧃 Case 2: Liquor Bribery in Andhra Pradesh

In 2021, a candidate was caught distributing liquor to voters. The excise department seized over 3,000 bottles, and the candidate was barred from campaigning for 48 hours. The case is now pending in court.

📱 Case 3: Paid News in Maharashtra

A prominent candidate was disqualified after a complaint showed he published news articles without declaring campaign spending. The ECI took serious note and barred him from contesting for 3 years.

How to Report Electoral Malpractices in India

Now comes the important part—what should you do if you witness any of this?

Here are the options available to you:

1. Use the cVIGIL App

This app by the Election Commission lets citizens report election-related violations. You can upload a photo or video, and authorities usually respond within 100 minutes.

It covers:

Bribery
Illegal posters
Hate speech
Campaigning during silence period

2. Contact the Returning Officer (RO)

Each constituency has an RO who oversees elections. You can file a complaint in writing or by visiting their office.

3. Dial Election Helpline – 1950

This toll-free number connects you with officials who can guide you on the next steps.

4. Lodge an FIR

If the malpractice is serious (like violence, bribery, or threats), you can file a First Information Report at the nearest police station.

Make sure to:

Note down time, date, and place
Gather evidence (photos, videos)
Mention names or vehicle numbers, if available

5. Approach the Election Commission

You can also submit a written complaint to the Election Commission’s district or state offices. They take complaints seriously, especially with valid evidence.

FAQs: Clearing Common Doubts

Q1. Will I get in trouble for reporting?
No. Your identity can remain confidential, and the authorities encourage public participation.

Q2. What if I don’t have proof?
While evidence strengthens your complaint, you can still report suspicious activity. Let the officials verify it.

Q3. Can a candidate be disqualified for minor violations?
For minor violations, warnings or temporary bans are given. Repeat or major offenses like booth capturing or bribery can lead to disqualification or arrest.

Q4. Is distributing freebies like pens or caps illegal?
Yes, if done with intent to influence voters and without declaring the cost in campaign expenses.

Q5. What happens after I report a violation?
Authorities conduct an inquiry. If confirmed, actions like seizure of materials, banning campaign activities, or legal charges may follow.

Why Legal Awareness Around Elections Is Crucial

Most voters are unaware that buying or selling votes is a punishable crime. Others don’t know how to file a complaint, or they fear backlash.

That’s where legal awareness comes in.

By understanding your rights and responsibilities, you:

Protect democracy
Ensure fair elections
Prevent abuse of power
Inspire others to stay vigilant

Your Role as a Responsible Voter

Here’s how you can help:

✅ Learn the rules
✅ Watch out for red flags
✅ Report what’s wrong
✅ Educate your friends and family
✅ Vote based on facts, not freebies

Final Thoughts: Let’s Make Every Vote Count – The Right Way

India’s democracy is strong—but not unbreakable. Electoral malpractices damage the system from within. If left unchecked, they can silence honest voices and promote corruption.

But awareness is power. The more we know, the more we can do.

So next time elections are around the corner, look beyond speeches and slogans. Look for signs of wrongdoing. And if you see them, report them. Because a clean election starts with you.