Section 170 BNS: Bribery at Elections
Section 170 of the Bharatiya Nyaya Sanhita, 2023 defines the offence of bribery in connection with elections. It covers both giving and accepting gratification to influence, reward or induce the exercise of an electoral right.
Text of Section 170 of the Bharatiya Nyaya Sanhita, 2023
170. Bribery. - (1) Whoever -
(i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or
(ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery:
Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and 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.
Meaning of bribery under Section 170 BNS
Section 170 treats electoral bribery broadly. The offence is not confined to a completed payment or completed transfer of a benefit. An offer, agreement to give, attempt to procure, agreement to accept, or attempt to obtain gratification can also fall within the statutory definition.
The provision protects the free exercise of an electoral right. Section 169 BNS defines that expression to include the right to stand or not to stand as a candidate, withdraw from candidature, vote, or refrain from voting at an election.
Essential ingredients of Section 170 BNS
- There must be giving, offering, agreeing to give, procuring, accepting, obtaining or attempting to obtain gratification.
- The gratification must be connected with the exercise of an electoral right.
- On the giving side, the object may be to induce a person to exercise an electoral right or reward a person for having exercised it.
- On the receiving side, gratification may be accepted as a reward for exercising an electoral right or for inducing or attempting to induce another person to exercise such a right.
- The statutory deeming provisions extend liability beyond a completed exchange.
What is an electoral right?
Under Section 169 BNS, an electoral right includes the right to stand or not to stand as a candidate, withdraw from candidature, vote, or refrain from voting at an election.
What is excluded from Section 170?
The proviso expressly states that a declaration of public policy or a promise of public action is not an offence under Section 170. This prevents legitimate political commitments or policy promises, by themselves, from being treated as electoral bribery under this provision.
Important distinction: Section 170 defines the offence of bribery. The punishment for that offence is prescribed separately by Section 173 BNS.
Punishment for bribery under Section 173 BNS
Section 173 BNS provides that a person who commits the offence of bribery may be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
The proviso to Section 173 states that bribery by treating is punishable with fine only. The Explanation defines "treating" as the form of bribery in which the gratification consists of food, drink, entertainment or provision.
| Substantive provision | Section 170 BNS - Bribery |
|---|---|
| Punishment provision | Section 173 BNS |
| Maximum imprisonment | Up to 1 year |
| Fine | Fine may be imposed; bribery by treating is punishable with fine only |
Corresponding provision under the former Indian Penal Code
Section 170 BNS substantially corresponds to former Section 171B of the Indian Penal Code, 1860, which dealt with bribery in relation to elections. The punishment provisions were separately contained in former Section 171E IPC. The BNS replaced the IPC subject to the applicable repeal and saving provisions.
Official legal resources
The current statutory text and related criminal-law material can be checked through these official Government sources:
Section 170 BNS in context
Section 170 follows Section 169 BNS - Candidate, electoral right defined and forms part of Chapter IX dealing with offences relating to elections. The provisions that follow deal with undue influence, personation and punishment for election offences.
For the complete legislation index, see Bharatiya Nyaya Sanhita, 2023.