BNS Section 170: Bribery
Section 170 of BNS is part of Chapter 9 - offences relating to elections in Bharatiya Nyaya Sanhita 2023 Act. It deals with the offense of bribery in the context of elections and public duties. This provision outlines the actions that constitute bribery, including offering, accepting, or soliciting undue benefits to influence electoral outcomes or public decisions.
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.
Key Points in Section 170
Undue influence arises if someone deliberately interferes or endeavors to interfere with the free exercise of electoral rights. Electoral rights encompass voting, standing as a candidate, and other aspects in connection with participating in the election without fear, threat, or even compulsion.
Interference with Electoral Rights:
Under Section 171(1), any direct or indirect acts that prevent a person from exercising his electoral rights freely are prohibited. Intentional interference includes acts intended to prevent or hinder a person from voting or participating independently in an election.
Acts Constituting Undue Influence:
Threats. Section 171(2)(a): The act of anyone threatening to do harm, real, financial or social, against a candidate or voter or a person connected with the former would be undue influence.
Spiritual or Religious Coercion (Section 171(2)(b)):
The persuasion or attempt to persuade someone into believing that, in voting in a particular way or abstaining from voting at all, they would incur Divine displeasure or spiritual punishment is also undue influence. This provision was aimed at manipulating religious beliefs, especially societies with considerable religious influence.
Differences Between Section 170 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 170 of BNS and its equivalent IPC section 170 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 170 | Bribery. | 170 | No change. |
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FAQs about Section 170 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 170 of BNS?
Section 170 criminalises bribery to uphold the integrity of free and fair elections. It defines 'bribery' during elections as giving, offering, or receiving of any valuable consideration to influence voting.
What constitutes bribery under Section 170?
Bribery involves offering or accepting any reward to influence an elector’s vote. This includes money, gifts, or favors intended to sway voting behavior, ensuring the process remains fair and unbiased.
Who can be charged under Section 170?
Anyone, including candidates, voters, or third parties, who gives or accepts a bribe to influence voting outcomes can be prosecuted. The law applies to both the giver and receiver of the bribe.
What are the penalties for bribery under Section 170?
Violating Section 170 can result in imprisonment, fines, or both. The penalty aims to deter corrupt practices and safeguard the sanctity of elections by holding offenders accountable.
Is promising future benefits considered bribery?
Yes, offering promises of future rewards or benefits to influence voting is covered under Section 170. Such promises are treated as attempts to corruptly influence the electoral process.
Can indirect bribery be punished under Section 170?
Yes, indirect forms of bribery, such as offering rewards through intermediaries or agents, fall under Section 170. The law prevents indirect means of influencing votes or election outcomes.
Does Section 170 apply only to cash transactions?
No, Section 170 covers any valuable consideration, including gifts, services, and favors. Non-cash inducements that influence voting behavior are also punishable under this provision.
