Legal Provisions of Section 171H of Indian Penal Code, 1860.
Illegal payments in connection with an election:
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This section makes illegal payments in connection with an election not authorised by a candidate an offence punishable with fine. The section says that whoever, without the general or special authority in writing of a candidate, either incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever, the purpose of which is either to promote or to procure the election of such candidate, shall be punished with fine extending up to five hundred rupees.
There is a proviso clause attached to this section according to which if any person has incurred expenses amounting to not more than ten rupees without the authority of the candidate and he obtains such authority from the candidate in writing within ten days from the day he incurred the expenses, these shall be deemed to be expenses incurred with the authority of the candidate.
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The punishment not exceeding five hundred rupees seems to be totally inadequate in the present day. Similarly, expenses incurred of not more than ten rupees as stated in the proviso clause does not make any sense now-a-days.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first class.