Practice paper — BNS Chapter IX — Of Offences Relating To Elections
45 questions · answer key at the end · no time limit
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1.Under Section 169 of the Bharatiya Nyaya Sanhita, 2023, who is defined as a 'candidate'?
- (A) A person who has been nominated as a candidate at any election.
- (B) A person who has publicly declared an intention to contest an election.
- (C) Any registered voter who wishes to contest an election.
- (D) A person who has filed nomination papers but not yet been nominated.
2.Which of the following is included within the term 'electoral right' under Section 169?
- (A) Only the right to vote in elections.
- (B) The right to stand, or not to stand as, or to withdraw from being, a candidate; and to vote or refrain from voting.
- (C) Only the right to stand as a candidate, not the right to vote.
- (D) The right to hold public office after being elected.
3.Does 'electoral right' under Section 169 include the right to withdraw from being a candidate?
- (A) No — withdrawal is not part of 'electoral right'.
- (B) Yes — but only before the close of nominations.
- (C) Yes — the right to withdraw from being a candidate is expressly included.
- (D) No — it includes only the right to vote or refrain from voting.
4.Is a person who merely intends to be a candidate but has not been nominated considered a 'candidate' under Section 169?
- (A) Yes — mere intention to contest makes one a candidate.
- (B) Only if they have publicly announced their intention.
- (C) Yes — if they have supporters backing their intention.
- (D) No — Section 169 defines 'candidate' as someone who has been nominated.
5.If a person has been nominated as a candidate and subsequently withdraws from the election, does Section 169 alone still define them as a 'candidate'?
- (A) Yes — Section 169(a) defines 'candidate' by nomination, and Section 169(b) separately recognises withdrawal as an electoral right; the definition remains nomination-based.
- (B) No — withdrawal automatically removes a person's status as a candidate under Section 169.
- (C) It depends on other provisions; Section 169 does not address the effect of withdrawal on the definition.
- (D) Only if the election authority formally accepts the withdrawal does the person cease to be a candidate under Section 169.
6.Which of the following is expressly excluded from being an offence under Section 170 of the Bharatiya Nyaya Sanhita, 2023?
- (A) Giving a gratification to induce a person to exercise an electoral right
- (B) A declaration of public policy or a promise of public action
- (C) Accepting a gratification as a reward for exercising an electoral right
- (D) Offering or attempting to procure a gratification for a voter
7.Under Section 170(2), which of the following is 'deemed to give a gratification' for purposes of the offence?
- (A) A person who offers, or agrees to give, or offers or attempts to procure, a gratification
- (B) A person who obtains or agrees to accept or attempts to obtain a gratification
- (C) A person who accepts a gratification as a motive for doing what he does not intend to do
- (D) A person who makes a declaration of public policy
8.If a person accepts a gratification as a motive for doing what he does not intend to do, how does Section 170(3) treat that acceptance?
- (A) As an offer
- (B) As a bribe
- (C) As an acceptance of a reward
- (D) As a declaration of public policy
9.Which of the following actions is correctly described as 'deemed to accept' a gratification under Section 170(3)?
- (A) Offering to give a gratification to induce voting
- (B) Agreeing to procure a gratification for another
- (C) Accepting a gratification after performing the act
- (D) Obtaining or agreeing to accept or attempting to obtain a gratification
10.Which pairing correctly reflects the deeming provisions of Section 170(2) and 170(3)?
- (A) 'Offering, agreeing to give, or attempting to procure' is deemed to give; 'obtaining, agreeing to accept, or attempting to obtain' is deemed to accept
- (B) 'Offering or attempting to procure' is deemed to accept; 'obtaining or attempting to obtain' is deemed to give
- (C) 'Agreeing to accept or attempting to obtain' is deemed to give; 'offering to give' is deemed to accept
- (D) Both giving and accepting are limited to completed transfers; offers or attempts are not covered
11.What does Section 171(1) of the Bharatiya Nyaya Sanhita, 2023 define as the offence of undue influence at an election?
- (A) Voluntarily interfering or attempting to interfere with the free exercise of any electoral right
- (B) Offering money or gifts to voters to secure votes
- (C) Impersonating a voter at the polling station
- (D) Making false statements about a candidate's antecedents
12.Which of the following is explicitly stated in Section 171(3) as NOT to be deemed interference with an electoral right?
- (A) Threatening any candidate or voter with injury
- (B) Inducing a voter to fear spiritual censure
- (C) A declaration of public policy or a promise of public action or the mere exercise of a legal right without intent to interfere
- (D) Forcibly preventing a voter from reaching a polling station
13.Under Section 171(2)(a), which of the following, if threatened with injury, is covered as interference with the free exercise of an electoral right?
- (A) Only the candidate or voter themselves
- (B) A person in whom a candidate or voter is interested
- (C) Only an unrelated third party with no connection to the voter
- (D) Only public officials administering the election
14.If a candidate publicly promises to build a hospital as part of their policy platform and there is no intent to interfere with voters' electoral rights, will that promise be deemed undue influence under Section 171?
- (A) Yes, any promise of public action during an election is undue influence
- (B) Yes, but only if the promise is conditional on voting
- (C) Yes, if the promise targets a particular community
- (D) No, a promise of public action without intent to interfere is not deemed interference under subsection (3)
15.What is the effect of the phrase "Without prejudice to the generality of the provisions of sub-section (1)" at the start of Section 171(2)?
- (A) Sub-section (2) gives specific examples of acts that shall be deemed interference but does not limit the broader offence described in sub-section (1)
- (B) Sub-section (2) narrows the scope of sub-section (1) to only the acts listed in (a) and (b)
- (C) Sub-section (2) creates an entirely separate offence unrelated to sub-section (1)
- (D) Sub-section (2) applies only when sub-section (1) has already been proved
16.Which of the following acts constitutes the offence of personation at an election under Section 172 of the Bharatiya Nyaya Sanhita, 2023?
- (A) Applying for a voting paper in the name of a dead person
- (B) Voting as an authorised proxy for an elector under law
- (C) Applying for a voting paper in one's own name when one has not previously voted at the same election
- (D) Assisting an elector to mark his ballot according to the elector's own choice
17.Does applying for a voting paper in a fictitious name amount to personation under Section 172?
- (A) No — using a fictitious name is not covered
- (B) Yes — applying in a fictitious name is personation
- (C) Only if the fictitious name corresponds to a living elector
- (D) Only if the applicant subsequently casts a vote under that name
18.A person has already voted once at an election; he then applies again at the same election for a voting paper in his own name. Is this conduct an offence under Section 172?
- (A) No — the section only deals with applying in another's name
- (B) Yes — the section covers someone who "having voted once at such election applies at the same election for a voting paper in his own name"
- (C) Only if he manages to vote a second time
- (D) Only if the second application is in a fictitious name
19.If A procures B to apply for a voting paper in the name of a fictitious person so that B can vote, is A guilty under Section 172?
- (A) Yes — the section includes whoever "abets, procures or attempts to procure the voting by any person in any such way"
- (B) No — only the person who actually applies is punishable
- (C) Only if A is present when B applies for the voting paper
- (D) Only if A receives monetary benefit for procuring B
20.Which statement correctly states the proviso to Section 172 regarding proxy voting?
- (A) A person authorised to vote as proxy is completely exempt from Section 172 for any act related to voting
- (B) The section does not apply to a person authorised to vote as proxy only insofar as he votes as a proxy for that elector
- (C) A person authorised as proxy may apply for a voting paper in any name without committing personation
- (D) The proviso makes personation an offence only when no proxy system exists
21.Under Section 173 of the Bharatiya Nyaya Sanhita, 2023, what is the maximum term of imprisonment that may be imposed for the offence of bribery (except as provided for treating)?
- (A) Imprisonment for a term which may extend to one year
- (B) Imprisonment for a term which may extend to three years
- (C) Imprisonment for a term which may extend to six months
- (D) Life imprisonment
22.Which of the following best describes the meaning of "treating" as given in Section 173?
- (A) Gratification in money or property
- (B) Gratification consisting in food, drink, entertainment, or provision
- (C) Promises of future benefits or appointments
- (D) Any form of gift including money and property
23.If a bribe consists solely of providing food to influence an official, under Section 173 the offence is punishable by:
- (A) Imprisonment for a term which may extend to one year
- (B) Imprisonment or fine or both
- (C) Fine only
- (D) No punishment
24.Which statement correctly summarizes the general punishment for bribery under Section 173 (reading the main provision without the proviso)?
- (A) Fine only
- (B) Death penalty
- (C) Imprisonment for a term which may extend to three years, or fine
- (D) Imprisonment of either description for a term which may extend to one year, or with fine, or with both
25.Which of the following is a correct statement about bribery by "treating" under Section 173?
- (A) Treating allows imprisonment but not fine
- (B) Treating includes gratification in money or property
- (C) Treating is that form of bribery where the gratification consists in food, drink, entertainment, or provision and is punishable with fine only
- (D) Treating removes criminal liability for the act
26.Under Section 174 of the Bharatiya Nyaya Sanhita, 2023, what is the maximum term of imprisonment that may be imposed for undue influence or personation at an election?
- (A) Six months
- (B) One year
- (C) Two years
- (D) Three years
27.Which of the following offences is specifically covered by Section 174 of the Bharatiya Nyaya Sanhita, 2023?
- (A) Undue influence or personation at an election
- (B) Bribery at an election
- (C) Making false statements about a candidate
- (D) Administrative irregularities in election procedure
28.What does the phrase 'imprisonment of either description' in Section 174 most directly mean?
- (A) Only simple imprisonment
- (B) Only rigorous imprisonment
- (C) Either simple or rigorous imprisonment
- (D) Either a fine or community service
29.Under Section 174, can the court impose only a fine for the offence of undue influence or personation at an election?
- (A) No, only imprisonment may be imposed
- (B) No, a fine must accompany imprisonment
- (C) Only if imprisonment is also imposed
- (D) Yes, the court may impose only a fine
30.Does Section 174 permit the sentencing court to impose both simple and rigorous imprisonment simultaneously for the same offence?
- (A) No — 'either description' means one form or the other, not both together
- (B) Yes — the court may impose both types together
- (C) Only if the offender is a repeat convict
- (D) Only if another statute expressly allows both
31.Under Section 175 of the Bharatiya Nyaya Sanhita, 2023, what is the punishment for making or publishing a false statement in relation to the personal character or conduct of a candidate with intent to affect the result of an election?
- (A) Imprisonment
- (B) Fine
- (C) Imprisonment and fine
- (D) Community service
32.Which type of statement is specifically targeted by Section 175 of the Bharatiya Nyaya Sanhita, 2023?
- (A) A statement in relation to the personal character or conduct of any candidate
- (B) A statement about a political party's manifesto
- (C) A statement about general public policy
- (D) A statement regarding campaign finance rules
33.If a person expresses a harsh opinion about a candidate's behavior but does not present it as a factual assertion, is that covered by Section 175?
- (A) Yes, any negative remark about a candidate is covered
- (B) Yes, if the opinion is widespread it becomes an offence
- (C) No, because the provision requires the statement to purport to be a statement of fact
- (D) Only if the candidate complains
34.Does Section 175 apply to a false statement made about a political party rather than about the personal character or conduct of an individual candidate?
- (A) Yes, it applies equally to parties and candidates
- (B) Yes, but only when the party is led by a candidate
- (C) Only if the statement also mentions an individual candidate
- (D) No, the provision applies only to statements in relation to the personal character or conduct of any candidate
35.Which of the following mental states is/are covered by Section 175 regarding the falsity of the statement?
- (A) Knowing the statement is false, believing it to be false, or not believing it to be true (all are covered)
- (B) Only knowingly making a false statement
- (C) Only believing the statement to be false
- (D) Only negligence about the truth of the statement
36.Which of the following best describes the offence under Section 176 of the Bharatiya Nyaya Sanhita, 2023?
- (A) To incur or authorise expenses to promote a candidate's election without the candidate's general or special authority in writing.
- (B) To incur expenses for a candidate's election with only oral permission from the candidate.
- (C) To make false statements about a candidate's electoral expenses.
- (D) To refuse to allow a candidate to hold a public meeting.
37.What punishment does Section 176 prescribe for a person who contravenes it?
- (A) Imprisonment as well as fine.
- (B) Fine not exceeding ten rupees.
- (C) Fine which may extend to ten thousand rupees.
- (D) Fine not exceeding one lakh rupees.
38.Which of the following categories of expenses are covered by Section 176?
- (A) Only expenses for holding public meetings.
- (B) Expenses on public meetings, advertisements, circulars, publications, or any other way for promoting a candidate's election.
- (C) Only expenses on advertisements and publications.
- (D) Only expenses incurred in official campaign offices.
39.A person incurs 8 rupees in election-related expenses without written authority and obtains the candidate's written approval 9 days later. Under Section 176, is the person deemed to have incurred the expenses with the candidate's authority?
- (A) No — once expenses are incurred without authority, approval cannot cure it.
- (B) Only if the approval is given before the expenses were incurred.
- (C) Yes — but only if the expenses were for a public meeting.
- (D) Yes — because the proviso deems expenses not exceeding ten rupees to have been incurred with authority if written approval is obtained within ten days.
40.A person spends 15 rupees without written authority and obtains the candidate's written approval five days later. Does the proviso of Section 176 deem those expenses to have been incurred with the candidate's authority?
- (A) Yes — any written approval within ten days cures the lack of initial authority.
- (B) No — the proviso applies only to expenses not exceeding ten rupees, so 15 rupees is not covered.
- (C) Yes — but only if the approval is general authority rather than special authority.
- (D) No — the proviso requires the candidate's approval before any expense is incurred.
41.Under Section 177 of the Bharatiya Nyaya Sanhita, 2023, what is the maximum monetary penalty for failing to keep accounts of election expenses when so required?
- (A) Fine which may extend to five thousand rupees
- (B) Fine which may extend to fifty thousand rupees
- (C) Imprisonment up to six months
- (D) Both fine and imprisonment
42.Section 177 creates an offence when a person:
- (A) spends money in an election even if accounts are kept
- (B) is required by law or a rule having force of law to keep accounts of election expenses and fails to do so
- (C) fails to get elected after contesting an election
- (D) serves as an election official overseeing accounts
43.For Section 177 to apply, the duty to keep accounts must arise from which of the following sources?
- (A) Any informal party practice or guideline
- (B) A moral obligation recognised by electors
- (C) Any law for the time being in force or any rule having the force of law
- (D) A voluntary agreement between candidates
44.If a person is required only by an internal political party guideline that does not have the force of law to keep election expense accounts and fails to keep them, under Section 177 they would be:
- (A) Guilty under Section 177 and liable to a fine up to Rs.5,000
- (B) Criminally prosecuted with imprisonment
- (C) Subject only to party disciplinary measures (not Section 177)
- (D) Not liable under Section 177
45.Which of the following best describes the expenses covered by the phrase 'expenses incurred at or in connection with an election' in Section 177?
- (A) Expenses at or in connection with an election, which can include pre-election campaigning expenses
- (B) Only expenses incurred on the polling day itself
- (C) Only official administrative expenses of the election commission
- (D) Only expenses incurred after the election result is declared
Answer key
Explanations
- 1. (A) Section 169(a) expressly defines 'candidate' as "a person who has been nominated as a candidate at any election." The definition is tied to nomination rather than mere intention or voter status.
- 2. (B) Section 169(b) defines 'electoral right' to include both candidate-related rights (to stand, not to stand, or to withdraw) and voter-related rights (to vote or refrain from voting). It is not limited to voting alone or to post-election office.
- 3. (C) Section 169(b) explicitly states that 'electoral right' includes the right "to withdraw from being, a candidate." Therefore withdrawal is expressly listed as part of the electoral rights.
- 4. (D) Section 169(a) confines the meaning of 'candidate' to "a person who has been nominated as a candidate at any election," so mere intention or announcement without nomination does not meet that definition.
- 5. (A) Section 169(a) defines 'candidate' solely as a person "who has been nominated," while Section 169(b) lists withdrawal as an electoral right. Read alone, Section 169 ties the label 'candidate' to nomination and does not state that withdrawal changes that definitional fact.
- 6. (B) The proviso to Section 170(1) states that a declaration of public policy or a promise of public action shall not be an offence under this section. Other acts listed in Section 170(1)(i) and (ii) are covered as bribery if they meet the specified elements.
- 7. (A) Section 170(2) expressly provides that a person who offers, or agrees to give, or offers or attempts to procure a gratification shall be deemed to give a gratification. The other descriptions are covered elsewhere in the section or excluded by the proviso.
- 8. (C) Section 170(3) states that a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward. The provision thus recharacterises such motive-based acceptance as acceptance as a reward.
- 9. (D) Section 170(3) provides that a person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification. The other options either describe giving/offering or are not the specific formulations used in subsection (3).
- 10. (A) Section 170(2) deems a person who offers, or agrees to give, or offers or attempts to procure a gratification to have given it, and Section 170(3) deems a person who obtains or agrees to accept or attempts to obtain a gratification to have accepted it. The fourth option contradicts these deeming provisions which expressly include offers and attempts.
- 11. (A) Section 171(1) states that whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. The other options describe different electoral offences not defined in this provision.
- 12. (C) Section 171(3) provides that 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 interference. The other choices describe forms of interference covered by subsection (1) or (2).
- 13. (B) Section 171(2)(a) expressly includes threats to any candidate or voter, or any person in whom a candidate or voter is interested, as interference. Thus the protection extends to persons in whom a candidate or voter is interested, not merely the candidate or voter alone.
- 14. (D) Section 171(3) states that a declaration of public policy or a promise of public action without intent to interfere shall not be deemed interference. Therefore a general policy promise made without intent to interfere is not covered as undue influence.
- 15. (A) The phrase "Without prejudice to the generality of the provisions of sub-section (1)" indicates that subsection (2) provides particular instances (threats and inducing belief of divine displeasure) that shall be deemed interference, without limiting the general offence defined in subsection (1). It means the examples are illustrative, not exhaustive.
- 16. (A) Section 172 expressly includes "applies for a voting paper on votes in the name of any other person, whether living or dead..." as personation, so applying in the name of a dead person is an offence. The proviso separately deals with authorised proxies and does not make proxy voting automatically an offence.
- 17. (B) Section 172 expressly covers applying for a voting paper "in a fictitious name," so such conduct is personation. The provision does not condition this on whether a vote is ultimately cast.
- 18. (B) The provision specifically states that whoever "having voted once at such election applies at the same election for a voting paper in his own name" commits the offence of personation. It does not limit the offence to cases involving another person's name or fictitious names.
- 19. (A) Section 172 states that "whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election," so a procurer is criminally liable even if he does not himself cast the vote. The provision contains no requirement of presence or financial benefit.
- 20. (B) The proviso expressly provides that "nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law... in so far as he votes as a proxy for such elector." The exemption is therefore limited to voting as an authorised proxy and does not broadly exempt all acts by the proxy.
- 21. (A) Section 173 provides that whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Thus the maximum imprisonment specified is one year.
- 22. (B) The Explanation to Section 173 expressly states: '"Treating" means that form of bribery where the gratification consists in food, drink, entertainment, or provision.' Therefore the second option matches the statutory definition.
- 23. (C) The proviso to Section 173 states that bribery by treating shall be punished with fine only, and the Explanation defines treating to include gratification consisting in food. Hence a bribe of food is punishable by fine only.
- 24. (D) The main part of Section 173 provides that whoever commits bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Thus the fourth option accurately summarizes the general punishment.
- 25. (C) The proviso and Explanation to Section 173 state that 'bribery by treating shall be punished with fine only' and define treating as gratification consisting in food, drink, entertainment, or provision. Therefore the third option is correct.
- 26. (B) The provision states that the offence is punishable with imprisonment for a term which may extend to one year. Therefore the maximum term of imprisonment is one year.
- 27. (A) The text explicitly punishes 'whoever commits the offence of undue influence or personation at an election.' Other conduct like bribery or false statements are not mentioned in this provision.
- 28. (C) The provision uses the phrase 'imprisonment of either description,' which conventionally means either simple or rigorous imprisonment may be imposed. The text therefore allows one of those two forms of imprisonment.
- 29. (D) The provision states punishment may be 'with imprisonment ... or with fine, or with both,' which means a court may impose imprisonment alone, a fine alone, or both. Thus only a fine is permissible.
- 30. (A) The provision specifies 'imprisonment of either description,' which indicates the court may choose one form of imprisonment (simple or rigorous). It does not authorize imposing both forms simultaneously.
- 31. (B) The provision states that whoever, with intent to affect the result of an election, makes or publishes the described false statement "shall be punished with fine." Therefore the prescribed punishment is a fine.
- 32. (A) The provision applies to any false statement "in relation to the personal character or conduct of any candidate." Statements about party manifesto, policy, or finance are not within the provision's specified subject-matter.
- 33. (C) Section 175 penalises making or publishing any statement "purporting to be a statement of fact which is false." An expression that is plainly an opinion and not presented as a factual assertion is therefore not covered by the provision.
- 34. (D) The provision specifically refers to false statements "in relation to the personal character or conduct of any candidate." Statements solely about a political party are therefore outside the scope as worded.
- 35. (A) The provision criminalises any false statement "which he either knows or believes to be false or does not believe to be true," thereby covering knowledge of falsity, belief of falsity, and lack of belief in its truth.
- 36. (A) Section 176 states that 'whoever without the general or special authority in writing of a candidate incurs or authorises expenses ... for the purpose of promoting or procuring the election of such candidate' commits the offence. Therefore the absence of written authority from the candidate is the key element of the offence.
- 37. (C) The provision states that the offender 'shall be punished with fine which may extend to ten thousand rupees.' The section prescribes this fine and does not provide for imprisonment or the other monetary amounts listed in the distractors.
- 38. (B) Section 176 lists 'the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever' as examples of expenses covered. The language is inclusive and also extends to any other manner of promoting the candidate's election.
- 39. (D) The proviso provides that if expenses 'not exceeding the amount of ten rupees' are incurred without authority and the candidate gives written approval 'within ten days from the date on which such expenses were incurred,' the person 'shall be deemed to have incurred such expenses with the authority of the candidate.' Thus an 8-rupee expense approved in writing within nine days is deemed authorized.
- 40. (B) The proviso applies only where the person has incurred 'any such expenses not exceeding the amount of ten rupees' and then obtains written approval within ten days. Since 15 rupees exceeds ten rupees, the proviso does not apply and the expenses are not deemed to have been incurred with the candidate's authority.
- 41. (A) The provision states that failure to keep required election accounts 'shall be punished with fine which may extend to five thousand rupees.' It specifies a fine up to Rs. 5,000 and does not provide for imprisonment or larger amounts.
- 42. (B) The provision begins 'Whoever being required by any law ... or any rule having the force of law to keep accounts of expenses ... fails to keep such accounts' — so the offence is failing to keep accounts when such a legal requirement exists. Other options are not described by the text.
- 43. (C) The provision specifies the duty arises if a person is 'required by any law for the time being in force or any rule having the force of law to keep accounts.' Informal guidelines, moral obligations or voluntary agreements are not mentioned as sources in the text.
- 44. (D) Section 177 applies where the person is 'required by any law ... or any rule having the force of law.' An internal party guideline that lacks the force of law is not covered by the statutory wording, so Section 177 would not apply.
- 45. (A) The provision refers to 'accounts of expenses incurred at or in connection with an election,' indicating it covers expenses both during the election and those connected with it (for example, pre-election activities). The text is not limited to polling-day or post-result expenses alone.