Election Commission make poll bribery to be a cognisable offence

New Delhi: The Election Commission has got widespread support from state governments on its proposal of making bribery during elections a cognisable offence.

A majority of states have supported the proposal floated by the Union home ministry, which was initiated by the EC, to make bribery during elections a ‘cognisable’ offence. The EC feels the step could help check “money power” in elections.

Currently, bribery of voters is a non-cognisable offence under the Code of Criminal Procedure (CrPC) and could invite a maximum imprisonment of one year or fine, or both, under Sections 171B and 171E of the IPC. A cognisable offence, on the other hand, is one for which the police can carry out arrests without a warrant and initiate investigations.

To make this a reality, an amendment in the IPC and the CrPC would be required, both of which are the domain of the home ministry, The EC had approached the ministry earlier in this regard.

Based on the proposal of the poll watchdog, the ministry had drawn up the CrPC (Amendment) Bill, 2012. Since amendments in CrPC require the support of 50 per cent of the states, their views were sought.

Until January, barring Assam, Gujarat, Haryana, Punjab and Uttar Pradesh, all other states had supported the proposal.

Chief election commissioner Nasim Zaidi had written to home minister Rajnath Singh pushing for an early decision on the draft bill. “Misuse of money power plays vitiating role in the conduct of free and fair elections, and the most blatant form of such misuse is in bribery of electors,” Mr Zaidi had written in his letter.

The poll panel feels if the offence of bribery during poll is made cognisable, it will act as a deterrent against attempts to lure voters through cash incentives and also help poll machinery take prompt action against those involved in bribery.