Any form of payment, gift, or offer made during an election process can create a legal issue, especially when there is an allegation that such a gift was a way of influencing someone’s vote. However, is every gift made during an election considered bribery? It all depends on the nature of the gift and its connection to an electoral right.
Section 170 of the BNS is on the offence of bribery in relation to electoral rights, which means gratification given or received to influence or as consideration for the right.
There is also significant section number confusion. The BNS 170 Section discusses bribery, while the IPC Section 170 discussed personating a public servant and relates to BNS 204 Section. The IPC Section which discusses bribery is 171 B Section and is related to the BNS 170 Section.
What Is BNS Section 170?
Section 170 of the BNS refers to bribery concerning electoral rights. The section will apply in cases where one offers gratification with the aim of inducing another person to exercise his or her electoral right. It also applies to situations where one accepts any gratification as a result of having exercised his or her electoral right.
It is more than just a payment of money. A person offering or agreeing to offer or even attempting to procure the gratification is deemed to have offered it. Likewise, a person receiving or agreeing to receive or attempting to receive the gratification is considered to have received it.
One of the qualifications under the statute is that a statement of public policy or undertaking of public action is not an offense in itself under Section 170.
What Constitutes Bribery Under BNS Section 170?
It becomes easier to comprehend the offence upon the segregation of its various types.
Giving or Offering Gratification
A person can be found guilty of bribery when he or she offers any gratification either to influence someone’s voting right or in return for exercising such a right. It is important to note that making an offer or an agreement to offer any gratification is also seen as offering the gratification itself.
For instance, paying someone to influence his or her decision on voting for a particular candidate will be an offense under Section 170, as long as all elements of the statute have been met.
Accepting or Agreeing to Accept Gratification
This provision is also relevant to the recipient of the gratification. Receiving, agreeing to receive, or seeking the gratification may be encompassed under this section if it is associated with the exercise or influence of electoral rights.
Therefore, the offense under BNS Section 170 is not only confined to the one making the offer, but that of the recipient or seeker can also be relevant.
Influencing an Electoral Right
The motive must have a connection with an electoral right. This is why Section 170 is concerned about the motive of the gratification and not the fact that a payment or gift has been given during the election period.
Those surrounding facts may prove significant: what was offered, to whom, why it was offered, and what sort of election conduct it was meant to induce or reward.
Gratification as a Reward
Bribery may also occur following the electoral act when gratification is accepted as a result of performing one’s electoral rights. Section 170 clearly indicates cases of gratification accepted as a reward and also addresses those cases whereby a person accepts gratification.
What Does Electoral Right Mean Under BNS Section 170?
The phrase is significant as Section 170 does not apply to any political preference or interaction.
Section 169 of the BNS provides that an electoral right is the right to either stand, not to stand, or to withdraw one's candidacy, or the right to vote or not vote in an election.
This implies that the supposed gain must be related to one of the above electoral privileges as defined under Section 170. As such, an offer of something in order to persuade someone to vote in a certain manner may fall within this category, but a discussion of political matters will not.
Who Can Be Liable for Bribery Under BNS Section 170?
Section 170 of BNS could apply to actions on either side of the bargain. An individual who gives, offers, agrees to give, or tries to obtain gratification may come under the offense. An individual who takes, agrees to take, or tries to obtain gratification in the circumstances provided for by the section may also come under the offense.
Accordingly, the accusation must be considered based on the real position of the individual and the motive for the gratuity. Merely being linked to a candidate, voter, or campaign is not in itself evidence of bribery.
What Is the Punishment for an Offence Under BNS Section 170?
There is an important distinction here: Section 170 deals with the crime of bribery, whereas Section 173 concerns its penalty.
According to BNS Section 173, a bribe taker can receive imprisonment up to one year, or a fine, or both. However, if the bribery occurs through “treating”, then the sentence will be a fine only. “Treating,” according to the law, means bribery through the provision of food, drinks, entertainment, etc.
Is BNS Section 170 Bailable or Non-Bailable?
Are you worried about whether the allegation made under BNS 170 results in immediate arrest? You have to know the answer, which should be considered with the section on the penalty clause. The offense of bribery under Section 173 is categorized as non-cognizable and bailable.
- Bailable: It is mostly a statutory right provided on the terms laid down by the law.
- Non-cognizable: The police cannot make an arrest without a warrant just based on this categorization, and investigations into a non-cognizable offense need an order from the concerned Magistrate.
- Trial: The offense is triable by a Magistrate of the First Class.
- Important: In cases where there are additional charges apart from that of bribery, there could be variations in the arrest and bail process.
Therefore, although a charge made under the BNS Section 170 cannot imply automatic arrest, it is important to take into account the specific nature of the charges that have been made.
BNS Section 170 vs IPC Section 171B
In case you are contrasting IPC with BNS, IPC Section 171B and BNS Section 170 are equivalent bribery sections.
Provision | Subject |
IPC Section 171B | Bribery |
BNS Section 170 | Bribery |
This is mainly the idea that has been taken over by the BNS, in which gratification is provided as a form of inducing the exercise of an electoral right.
This is the reason why older case law can mention IPC Section 171B, whereas a new case coming from the BNS will refer to Section 170.
Examples of Bribery Under BNS Section 170
There are various types of bribery that can occur as per Section 170 of the BNS law, depending on whether there is a promise, acceptance, or giving of a benefit as a bribe in relation to an electoral right.
Example 1: Offering Money to Influence a Vote
If one person pays another person money solely for the purpose of inducing them to use their electoral right in a certain way, such action may be considered under Section 170 since there is some gratification associated with the influencing of an electoral right.
Example 2: Offering a Benefit for Electoral Support
However, the problem does not need to involve cash alone. If there is a reward provided with the statutory aim of motivating electoral conduct in any way, then that could come under section 170 as well. The key factor would be the nature of the gratification involved.
Example 3: Accepting a Benefit Linked to Electoral Conduct
One who receives or agrees to receive and tries to get any reward for using his/her right to vote is also covered by this section. Thus, section 170 covers both sides of electoral bribery.
Example 4: Reward Connected With Electoral Conduct
The timing and nature of the benefit might be significant. Even a reward granted to an individual following the exercise of his electoral right is still relevant since Section 170 states that gratification granted as reward for the exercise of such right shall fall under the provision.
On the other hand, all payments, gifts, political statements, or campaign efforts made during elections may not necessarily qualify as acts of bribery. It all depends on whether the actions meet the elements required by the provision.
What Should You Do If You Are Accused Under BNS Section 170?
An allegation made against you under BNS Section 170 is likely to be very serious, especially where an FIR, complaint, or election notification is issued. The correct reaction will begin by fully understanding the allegations and collecting your evidence. In case the issue is also related to any civil matter, then a Civil Lawyer can assist you in getting insight into the civil process.
- Understand the allegation: Find out precisely what you are accused of giving, receiving, promising, or paying for, and which electoral right is concerned.
- Preserve relevant evidence: Collect any emails, payment vouchers, notices, documents, or other evidence that will provide context to the alleged transaction.
- Check the ingredients: Every payment or gift and every interaction related to an election does not necessarily constitute bribery; the alleged act must meet the criteria laid down under BNS Section 170.
- Respond to legal notices: Do not neglect any notice from the police, election board, or court, as how to respond may depend on the progress of the proceedings.
- Seek case-specific advice: The lawyer can look into the allegations, the evidence, and the law before you take your legal course of action.
Consultation at the right time will allow you to see where you stand and not jump to conclusions. By using the service of VakeelSaab, you can consult a lawyer who will match your case and exchange documents before taking any further steps.