• About Section 171H, 188

Hi sir , I am Vinod Reddy in the year of 2014 i was in election campaign in Hyderabad i dint do any thing but police were put a case against me under sections of 171 H & 188 

My Advocate advised me to pay the penalty case will closed, but i have seen in one book for Sections 171H & 188 will be punished for 30 days , 

1.So if i pay penalty what happens , Is there any further problem on Passport related things because i don't have a passport i have to apply.
2.I want to contest in elections in future if a pay penalty what happens i will be eligible for elections or not ?
these are my questions please make me understand sir please.
Asked 10 months ago in Criminal Law from Hyderabad, Andhra Pradesh
Religion: Hindu
The provisions  of referred section of the act is given below, where it is just fine alone:
 [171H. 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 five hundred 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.]
Section 188 says:
Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 




1.So if i pay penalty what happens , Is there any further problem on Passport related things because i don't have a passport i have to apply.
In my opinion since it is a petty offence, this may not reflect in the passport issues.




2.I want to contest in elections in future if a pay penalty what happens i will be eligible for elections or not ?
these are my questions please make me understand sir please.
There is no problem in contesting an election even if you have paid fine on this petty offence.
T Kalaiselvan
Advocate, Vellore
13919 Answers
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There are many penal provisions which prescribe fine or imprisonment if the offence is proved. Where both the punitive measures are prescribed by the law the discretion is with the judge to choose between either but this discretion is to exercised judiciously having regard to facts and circumstances of the case. Ordinarily, in such cases where the accused does not have a criminal past, the courts do not award imprisonment. The offences are not heinous, so you should be able to obtain the passport and also contest the elections.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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