What Is BNS Section 170?

Bharatiya Nyaya Sanhita, 2023 - Section 170: Bribery

(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.

Brief Detail

BNS Section 170 criminalizes bribery related to electoral rights. It covers both giving and accepting gratifications with the intent of influencing or rewarding the exercise of electoral rights. The section also specifies that declarations of public policy or promises of public action are not considered bribery.

Question & Answers

Q1: What constitutes bribery under BNS Section 170?

A1: Under BNS Section 170, bribery occurs when someone gives or accepts a gratification to induce or reward the exercise of electoral rights or to influence others to do so.

Q2: What does Section 170 say about declarations of public policy?

A2: BNS Section 170 specifies that declarations of public policy or promises of public action do not constitute bribery.

Example

Example Scenario:

If a candidate offers money to voters to cast their votes for him, or if a voter accepts money in exchange for voting a certain way, both actions would be considered bribery under BNS Section 170.

Summary

BNS Section 170 addresses bribery related to electoral rights, defining it as giving or accepting gratifications to influence or reward the exercise of these rights. It also clarifies that declarations of public policy are not considered bribery.