BNS Section 170: Bribery

Definition of BNS Section 170

Section 170 of BNS 2023 States:
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.

Explanation and Illustration of BNS Section 170

BNS Section 170 deals with the crime of bribery, which includes both offering and accepting undue advantages to influence decision-making in elections or public duties. It covers anyone who attempts to corrupt the democratic process or public administration by giving or receiving bribes. It ensures accountability by penalising acts intended to sway outcomes through unethical means. The aim is to ensure that elections and governmental functions are fair, transparent, and free from corruption. Violations under this section are punishable, reinforcing a strict legal stance against corruption.

• Illustrative
  Consider a political candidate who bribes voters for votes. On the other hand, a government official asks for money to grant a license. Both these actions fall under the category of bribery under Section 170. Both the candidate and the officer are indulging in corruption, and this section holds them liable for such acts.

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