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LawpatraLawpatra
BNS, 2023
Start Practicing
BNSChapter IXSection 170
Section170

Bribery

AI Assist

Summary

Giving or accepting any gratification (payment, gift or favour) to induce someone to exercise an electoral right, to reward them for doing so, or to induce another person to do so is an offence. Offering, agreeing, or attempting to give counts as giving; obtaining, agreeing, or attempting to accept counts as accepting. A declaration of public policy or a promise of public action is not an offence.

Example

Ravi offers cash to Meera to vote for his preferred candidate. The offer is treated as giving a gratification, so Ravi commits bribery. If Meera accepts the cash as a reward for voting, she also commits bribery. If Ravi only promises a future public work without giving payment, that promise alone is not an offence.

Bare Act

Enacted text

(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.

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IX

Chapter IX

Of Offences Relating To Elections

In this chapter

  • 169Candidate, electoral right defined
  • 170Bribery
  • 171Undue influence at elections
  • 172Personation at elections
  • 173Punishment for bribery
  • 174Punishment for undue influence or personation at an election
  • 175False statement in connection with an election
  • 176Illegal payments in connection with an election
  • 177Failure to keep election accounts
Previous · Section 169Candidate, electoral right definedNext · Section 171Undue influence at elections