Section 173 BNS: Punishment for Bribery at Elections
Section 173 of the Bharatiya Nyaya Sanhita, 2023 prescribes the punishment for the election offence of bribery. The substantive offence of bribery is defined in Section 170 BNS, while Section 173 states the penalty and gives special treatment to bribery by "treating."
Text of Section 173 BNS
173. Punishment for bribery. 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:
Provided that bribery by treating shall be punished with fine only.
Explanation. "Treating" means that form of bribery where the gratification consists in food, drink, entertainment, or provision.
For the official statutory text, see the Bharatiya Nyaya Sanhita, 2023 on India Code.
What Is Bribery Under Section 170 BNS?
Section 173 does not itself define the offence of bribery. The definition is contained in Section 170 BNS. In substance, bribery in relation to an election covers giving gratification to induce a person to exercise an electoral right in a particular manner, or as a reward for having exercised that right, as well as accepting or agreeing to accept gratification for oneself or another person in connection with the exercise of an electoral right.
The expression "gratification" is not confined to money. Election bribery may therefore involve a benefit, advantage, entertainment, provision, or other inducement, depending on the facts and the statutory ingredients.
Punishment Under Section 173
For ordinary bribery at an election, Section 173 provides three possible forms of punishment:
- imprisonment of either description for a term up to one year;
- fine; or
- both imprisonment and fine.
Special Rule for Bribery by Treating
The proviso creates a specific rule for bribery by "treating." Where the gratification consists in food, drink, entertainment, or provision, the offence is punishable with fine only.
| Provision | Section 173 BNS |
|---|---|
| Offence punished | Bribery at elections as defined in Section 170 BNS |
| Maximum imprisonment | Up to one year |
| Fine | May be imposed alone or with imprisonment |
| Treating | Fine only |
Meaning of "Treating"
The explanation to Section 173 defines treating as the form of bribery where the gratification consists in food, drink, entertainment, or provision. The definition is important because the punishment differs from ordinary bribery: treating attracts fine only.
Corresponding Provision Under the Indian Penal Code
The corresponding punishment provision under the former Indian Penal Code, 1860 was Section 171E IPC. The BNS now places the punishment for bribery at elections in Section 173. The law applicable to a particular case may depend on the date of the alleged conduct and relevant saving or transitional provisions.
Related Election Offences Under the BNS
Section 173 is part of the BNS chapter on election offences. Related provisions include Section 171 - Undue influence at elections, Section 172 - Personation at elections, Section 174 - Punishment for undue influence or personation at an election, Section 175 - False statement in connection with an election, Section 176 - Illegal payments in connection with an election and Section 177 - Failure to keep election accounts.
Official Legal Resources
Readers may verify the current legislation through the official Bharatiya Nyaya Sanhita, 2023 text on India Code and the Ministry of Home Affairs new criminal laws page.