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BNS · Section 170 · Chapter IX — OF OFFENCES RELATING TO ELECTIONS

Bribery

What this section does

Defines and punishes the offence of electoral bribery, which covers both giving gratification to induce or reward the exercise of an electoral right and accepting gratification as a reward for exercising or inducing the exercise of such a right. A declaration of public policy or a promise of public action is expressly excluded from the offence.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Not specified in this section; punishment is provided elsewhere in the Chapter.

Ingredients (what prosecution must prove)

  1. The accused gave a gratification to any person, OR accepted a gratification for himself or another person
  2. The gratification was given with the object of inducing any person to exercise an electoral right, or as a reward for having exercised such a right; OR the gratification was accepted as a reward for exercising an electoral right or for inducing or attempting to induce another to exercise such a right
  3. The act does not fall within the exception of a declaration of public policy or a promise of public action

Practitioner note

Subsections (2) and (3) create deeming provisions: offering or agreeing to give is deemed giving; obtaining, agreeing to accept, or attempting to obtain is deemed accepting. Practitioners should note that no punishment quantum is stated in this section itself — the penal provision appears in a subsequent section of the Chapter.

Old-law correspondence

Derived from IPC s.171B.

Read the official text

For the binding statutory text of BNS Section 170, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 170 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.