BNS Section 170 – Bribery

IPC Section – 171 B

Bribery (BNS-170)

1. What is Bribery?

Bribery refers to the act of giving or receiving gratification (money, gifts, services, or other benefits) to influence someone’s electoral rights or to reward them for exercising such rights.

2. Key Elements of Bribery

a. Giving a Bribe (Section 170(1)(i))

• Providing gratification to:
  1. Induce someone to exercise or refrain from exercising their electoral rights (e.g., voting or standing as a candidate).
  2. Reward someone for exercising their electoral rights.

b. Receiving a Bribe (Section 170(1)(ii))

• Accepting gratification:
  1. As a reward for exercising electoral rights.
  2. For inducing or attempting to induce others to exercise their electoral rights.

c. Deeming Provisions

• Offering Gratification (Section 170(2)): Offering, agreeing to give, or attempting to procure gratification is treated as giving a bribe.
• Receiving Gratification (Section 170(3)): Obtaining, agreeing to accept, or attempting to obtain gratification is treated as accepting a bribe.
  • Even if the person does not act on the gratification or accepts it for something they haven’t done, it is still considered bribery.

3. Exception to Bribery

• Declaration of Public Policy: A promise of public action (e.g., better roads, schools, etc.) during a campaign is not considered bribery.
• This ensures that political promises of general public benefit are legal, while personal bribes for voting behavior are illegal.

4. Punishment

• The punishment for bribery is not explicitly mentioned in this section but is typically covered under other provisions of the law.

5. Purpose of the Law

• To prevent corruption in the electoral process by penalizing the giving or receiving of bribes to influence voting or candidacy.
• To ensure free and fair elections by maintaining the integrity of electoral rights.

Summary of Bribery