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KembaraXtra - Bharatiya Nyaya Sanhita - Section 170 - Bribery
Introduction
Section 170 of the Bharatiya Nyaya Sanhita, 2023, defines the offence of bribery in connection with the exercise of electoral rights.
The provision covers both giving and accepting gratification for the purpose of influencing the exercise of an electoral right or rewarding a person for having exercised such a right.
It also extends the meaning of giving and accepting gratification to include offers, agreements and attempts, even where the gratification has not actually been delivered or received.
However, the provision expressly excludes declarations of public policy and promises of public action from the offence of bribery.
Section 170(1) — Meaning of Bribery
Under Section 170(1), a person commits bribery by giving or accepting gratification in the circumstances specified by the provision.
Section 170(1)(a) — Giving Gratification
A person commits bribery if they give gratification to another person with the intention of inducing someone to exercise an electoral right or rewarding someone for having already exercised such a right.
The gratification may therefore be connected either with influencing the future exercise of an electoral right or with rewarding an electoral action that has already taken place.
The provision focuses on the purpose for which the gratification is given.
Section 170(1)(b) — Accepting Gratification
A person also commits bribery if they accept gratification, either for themselves or for another person, as a reward for exercising an electoral right.
The provision further covers accepting gratification for inducing or attempting to induce another person to exercise an electoral right.
Accordingly, bribery is not confined to the person who provides gratification. A person who accepts gratification in the prohibited circumstances may also commit the offence.
The gratification need not be accepted exclusively for personal benefit. Acceptance on behalf of another person is also expressly covered.
Proviso to Section 170(1) — Exception for Public Policy and Public Action
The proviso clarifies that a declaration of public policy or a promise of public action does not constitute an offence under Section 170.
Therefore, a statement outlining public policy or a promise to undertake public action is not treated as bribery merely because it is made in connection with an election.
The provision distinguishes these activities from giving or accepting gratification in circumstances constituting electoral bribery.
Section 170(2) — Extended Meaning of Giving Gratification
Section 170(2) expands the meaning of giving gratification.
Under this subsection, a person is treated as having given gratification if they:
- Offer gratification.
- Agree to give gratification.
- Offer to procure gratification.
- Attempt to procure gratification.
Thus, the offence is not confined to circumstances where gratification has actually been handed over.
An offer, agreement or attempt to arrange gratification is treated as giving gratification for the purposes of the section.
Section 170(3) — Extended Meaning of Accepting Gratification
Section 170(3) expands the meaning of accepting gratification.
A person is treated as having accepted gratification if they obtain it, agree to accept it or attempt to obtain it.
Therefore, actual receipt of gratification is not always necessary. An agreement to accept gratification or an attempt to obtain it is also covered.
The subsection further addresses situations where a person accepts gratification without genuinely intending to perform the promised act.
If a person accepts gratification as an inducement to do something they do not actually intend to do, the law nevertheless treats that person as having accepted the gratification as a reward.
Similarly, where a person accepts gratification as a reward for an act they have not performed, the person is still deemed to have accepted gratification as a reward.
Accordingly, a person cannot avoid the application of the provision merely by claiming that they never intended to carry out the promised act or that the act for which they accepted the reward had not actually been performed.
Commentary
Section 170 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 171-B of the Indian Penal Code, 1860.
According to the supplied commentary, the language of the provision remains unchanged.
The provision has been retained in the Bharatiya Nyaya Sanhita in the same form as its corresponding provision under the Indian Penal Code.
Key Takeaway
Section 170 defines electoral bribery as giving gratification to induce or reward the exercise of an electoral right, or accepting gratification as a reward for exercising such a right or for inducing or attempting to induce another person to exercise an electoral right.
The provision also treats offering, agreeing to give, offering to procure or attempting to procure gratification as giving gratification.
Likewise, obtaining, agreeing to accept or attempting to obtain gratification is treated as accepting gratification.
A person who accepts gratification for an act they do not intend to perform, or as a reward for an act they have not performed, is also covered by the statutory deeming provision.
However, declarations of public policy and promises of public action are expressly excluded from the offence.
IPC Equivalent: Section 171-B IPC.
Legislative Position: The language remains unchanged, and the provision has been retained as it was.
Final Memory Formula:
SECTION 170 = GIVING GRATIFICATION TO INDUCE OR REWARD THE EXERCISE OF ELECTORAL RIGHTS + ACCEPTING GRATIFICATION AS A REWARD OR FOR INDUCING OTHERS + OFFERS, AGREEMENTS AND ATTEMPTS INCLUDED + NO ESCAPE MERELY BECAUSE THE PROMISED ACT WAS NOT INTENDED OR PERFORMED + PUBLIC POLICY DECLARATIONS AND PROMISES OF PUBLIC ACTION EXCLUDED.
