BNS Section 173: Punishment for Bribery
Section 173 of BNS is part of Chapter 9 - offences relating to elections in Bharatiya Nyaya Sanhita 2023 Act. It addresses the punishment for bribery, particularly in the context of elections and public duties. This provision outlines penalties for individuals involved in offering, accepting, or soliciting bribes to influence electoral outcomes or public decisions.
Definition of BNS Section 173
Section 173 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 173
Section 173 of the BNS 2023 aims to discourage corrupt practices by not allowing such a situation under which the process of democracy goes at the peril of undue influence either in the form of money or other material and is meant for winning an election. The very general bribery with another specific method called 'treating' forms an important subject to be incorporated, so the general and even the indirect process of electoral bribes are taken into account properly.
- Bribery: In general, bribery is defined as offering or accepting any material advantage to influence any voting behavior or electoral decision. The law does not restrict the form of the bribe, which can be money, gifts, services, or any other form of advantage offered in exchange for a vote or support
- Punishment for Bribery: The section also allows for imprisonment for up to one year or a fine, or both to be imposed upon a person involved in bribery. This flexibility allows the courts to take into consideration the seriousness of the offense and give an appropriate penalty
- Treating: This involves the use of food, drink, entertainment, or any other hospitality, for instance. The court recognises this as electoral corruption, though only as a form of offense, but does not award any jail time but a fine; treating is inducement but possibly less grave compared to a financial form of bribery.
Key Points in Section 173
- Any act of bribery, whereby a person offers or accepts a bribe to influence electoral choices, is an offense under this section
- The punishment for bribery is imprisonment for a term which may extend to one year, or with a fine, or with both. The punishment is according to the circumstances of the offense
- A special category of bribery is known as 'bribery by treating,' where the bribe is provided in the form of food, drink, entertainment, or similar provisions. Such a form of bribery, under this section, is punishable only by a fine
- This is a form of bribery where gratification through food, drinks, entertainment, or any similar provision is offered.
- Punishable with a term which may extend to one year, or with fine, or with both
Differences Between Section 173 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 173 of BNS and its equivalent IPC section 171E 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 |
|---|---|---|---|
| 173 | Punishment for bribery. | 171E | No change. |
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FAQs about Section 173 of the Bharatiya Nyaya Sanhita (BNS)
What is the penalty for bribery under Section 173?
The penalty for committing bribery may include imprisonment for up to one year, a fine, or both. However, if the bribery is by treating (involving food, drink, or entertainment), only a fine is imposed.
What does 'treating' mean in the context of bribery?
'Treating' refers to bribery where the bribe is provided in the form of food, drinks, or entertainment, rather than monetary compensation.
Can someone be punished with both imprisonment and a fine?
Yes, a person convicted of bribery can face both imprisonment (up to one year) and a fine, unless the bribery is by treating, in which case only a fine is imposed.
What is the maximum duration of imprisonment for bribery under Section 173?
The maximum term of imprisonment for bribery can extend up to one year.
What happens if someone offers a bribe through 'treating'?
If a bribe is given in the form of food, drink, or entertainment (i.e., treating), the offender will be punished with a fine only, without imprisonment.
