Anyone can spend as much as they want to support a candidate, as long as it's their own money.

Under this provision, spending money to promote a candidate without that candidate's written authorization can lead to a fine, regardless of whose money it is, because it affects the candidate's official spending limits and accountability.

Small unauthorized expenses are automatically forgiven.

Only expenses of ten rupees or less can be retroactively approved, and only if the candidate gives written approval within ten days; anything above that amount requires prior written authorization.

Bharatiya Nyaya Sanhita, 2023

Section 176

Illegal payments in connection with an election

Whoever without the general or special authority in writing of a candidate 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 for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to ten thousand rupees: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.§

Why this exists

This provision (earlier Section 171H of the Indian Penal Code, now re-enacted in the Bharatiya Nyaya Sanhita, 2023) exists to keep election spending transparent and traceable to the candidate who benefits from it. Indian election law caps how much a candidate can legally spend on their own campaign. If outsiders could freely spend unlimited, unaccounted money to promote a candidate without that candidate's knowledge or consent, it would let candidates dodge these spending limits and make it harder to track who is funding elections. By requiring written authorization for campaign-related expenses, the law tries to make sure a candidate is accountable for money spent in their name.

Common misconceptions

Myth: Anyone can spend as much as they want to support a candidate, as long as it's their own money.
Fact: Under this provision, spending money to promote a candidate without that candidate's written authorization can lead to a fine, regardless of whose money it is, because it affects the candidate's official spending limits and accountability.
Myth: Small unauthorized expenses are automatically forgiven.
Fact: Only expenses of ten rupees or less can be retroactively approved, and only if the candidate gives written approval within ten days; anything above that amount requires prior written authorization.