Bribery
AI Assist
Summary
Giving or accepting any gratification to induce, reward, or attempt to induce someone to exercise an electoral right is an offence of bribery. Offering, agreeing to give, or attempting to procure a gratification is treated as giving. Agreeing to accept, attempting to obtain, or taking a gratification as a motive or reward is treated as accepting. A declaration of public policy or a promise of public action is not an offence.
Example
Priya offers cash to her neighbour to induce him to vote for a candidate. Even though she only offered and did not hand over money, that offer counts as giving a gratification and is bribery. If the neighbour agreed to accept, that would also be treated as acceptance under the law. A mere promise of future public action for voters would not be 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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