Introduction of Section 170 BNS
170 BNS plays a vital role in safeguarding the fairness of elections in India. It criminalizes the act of giving or accepting any form of gratification to influence a voter’s decision, whether to vote, not vote, or withdraw from candidacy. By holding both the giver and receiver of bribes accountable, this section ensures that the electoral process remains free from corruption and undue influence. At the same time, it clearly distinguishes between illegal bribery and genuine public policy promises, thus maintaining a balance between lawful political campaigning and unlawful inducements.
The Bharatiya Nyaya Sanhita (BNS) Section 170 replaces the old Indian Penal Code (IPC) Section 171-B.
What is BNS Section 170 ?
BNS Section 170 addresses the crime of bribery connected to elections. It criminalizes both offering and accepting gratification to induce or reward someone for exercising electoral rights. This section ensures the integrity of the electoral process by preventing unfair influence.
Section 170 BNS bribery
Under Section 170 of the bns act 2023BNS Section 170 focuses on preventing corruption and safeguarding the fairness of elections in India. It criminalizes offering or accepting any form of gratification — monetary or otherwise — to influence a person’s voting decision, whether to vote, not vote, or withdraw from candidacy. This section ensures that elections remain free, fair, and independent of unlawful influence.
1. Meaning of Section 170
Section 170 of the Bharatiya Nyaya Sanhita defines the offence of bribery in connection with elections. It covers both the act of giving and receiving gratification to induce or reward someone for exercising electoral rights. This includes any attempt to influence voting behavior — whether by cash, gifts, or favors. Importantly, it clarifies that promises of public policy or general welfare (like building schools or roads) do not constitute bribery, as they are part of lawful political campaigning.
2. Purpose of Section 170
The purpose of Section 170 is to ensure that elections in India are conducted fairly and transparently, free from any monetary or material influence. Democracy depends on the voter’s ability to make independent decisions without coercion or temptation. This section discourages corrupt practices by holding both the bribe-giver and bribe-taker equally responsible. It also aims to strengthen public trust in the electoral process and uphold the integrity of India’s democratic system.
3. Essential Ingredients of Section 170
For the offence of bribery under Section 170 to be established, the following essential elements must be proven:
- Gratification Offered or Accepted: There must be some form of benefit, monetary or otherwise, given or received.
- Purpose to Influence Electoral Rights: The gratification must be linked to influencing a voter’s decision — whether to vote, not vote, or withdraw from a contest.
- Both Parties Liable: Both the person who gives and the person who accepts the bribe can be punished.
- Attempt is Enough: Even if the bribery is not completed, an attempt itself constitutes an offence.
- Exception: Declarations of public policy or promises of public action are not considered bribery.
These elements collectively ensure that all forms of election-related corruption are punishable, whether direct or indirect.
4. Punishment under Section 170
The punishment for bribery under Section 170 is stringent to reflect the seriousness of electoral corruption. The law provides for imprisonment and/or fine depending on the gravity of the offence. Since bribery undermines democracy, it is classified as a non-bailable and cognizable offence — meaning the police can arrest without a warrant, and bail is not a right but at the discretion of the court. The case is tried by a Magistrate of the First Class.
5. Examples of Section 170 in Action
Example 1 – Direct Bribery:
A candidate offers money to voters in exchange for their votes. Both the candidate and the voters who accept the money are guilty under Section 170.
Example 2 – Attempted Bribe:
A person distributes gift vouchers to encourage votes for a particular candidate, but no one accepts. Even the attempt makes the person liable under Section 170.
Example 3 – Public Policy Promise (Not Bribery):
A politician promises to improve schools or roads if elected. This is not bribery because it falls under public policy declarations.
6. Importance of Section 170
Section 170 plays a critical role in protecting the democratic integrity of India’s electoral system. By criminalizing bribery, it prevents the misuse of money and power in elections and ensures that voters can make free, fair, and informed choices. It reinforces accountability among candidates and voters alike, closing loopholes that previously allowed bribery to influence outcomes. This section stands as a cornerstone of electoral justice — ensuring transparency, fairness, and true representation in Indian democracy.
Section 170 BNS Overview
BNS Section 170 defines bribery related to elections. It refers to offering or accepting any gratification (like money or gifts) to influence someone’s vote. Both the person who gives the bribe and the one who accepts it can be held guilty. The section aims to ensure elections remain free from undue influence.
BNS Section 170: 10 Key Points Explained
1. Bribery Related to Elections
BNS Section 170 specifically targets bribery during elections. It makes it illegal for any person to offer or receive money, gifts, or any kind of benefit in exchange for influencing someone’s vote. The goal of this law is to maintain the fairness and integrity of elections, ensuring that voters make their decisions freely without any external pressures.
2. What Counts as a Bribe?
A bribe under this section can be anything that has value, such as money, gifts, services, or other benefits, given with the intent to influence a person’s voting decision. It could be offered to reward someone for voting in a particular way or to induce them to vote for a specific candidate.
3. Both Giver and Receiver Can Be Punished
The law clearly states that both the person who gives the bribe and the person who accepts it are committing a crime. It does not matter whether the bribe was accepted before or after the vote; both parties involved in the bribery process can be held accountable under BNS Section 170.
4. Attempts to Bribe are Also Punishable
Even if the actual exchange of the bribe does not happen, the mere attempt to offer or accept a bribe is a punishable offense. For example, if someone tries to offer money for a vote, but the voter refuses, the person offering the money can still be charged with attempted bribery.
5. Public Policy Promises are Not Considered Bribery
The section makes an important exception for public policy declarations or promises. If a politician promises to improve public services, infrastructure, or take actions that benefit the community if they are elected, this is not considered bribery. These types of promises are considered part of the normal political process and are not criminalized.
6. Ensuring Fair Elections
The primary objective of this section is to ensure that elections remain free and fair. By criminalizing bribery, the law ensures that voters are not unfairly influenced by money or gifts and that they can make their voting decisions based on their own free will. This helps preserve the democratic process.
7. Non-Bailable Offense
Bribery under BNS Section 170 is a serious crime, and it is classified as a non-bailable offense. This means that if someone is arrested for bribery, they cannot be automatically released on bail. The court will have to carefully consider whether to grant bail based on the seriousness of the case.
8. Imprisonment and Fine as Punishment
The punishment for those found guilty of bribery under this section can include imprisonment. The exact length of the imprisonment will depend on the severity of the offense. In addition to imprisonment, a fine can also be imposed. In some cases, both imprisonment and a fine may be given as punishment.
9. Protecting Electoral Rights
This law plays a vital role in protecting the electoral rights of the citizens. By criminalizing any form of bribery, it ensures that every voter can cast their vote freely, without being influenced by external factors like money or rewards. This helps maintain the sanctity of elections.
10. Wide Scope of the Offense
BNS Section 170 covers a wide range of bribery-related offenses. It does not just criminalize the direct exchange of money for votes but also indirect attempts to influence voters. Whether the bribe is given directly to the voter or through someone else, or even if an agreement is made to offer something in the future in return for a vote, all these actions fall under this section.
Example of BNS Section 170:
If a candidate offers money to a group of voters to ensure they vote for him, and the voters accept it, both the candidate and the voters are guilty under BNS Section 2170. Even if the voters did not actually vote for the candidate, the offer and acceptance of the bribe itself is a crime.
BNS 170 Punishment
Imprisonment: Individuals found guilty of bribery under Section 170 can face imprisonment. The duration of the imprisonment depends on the severity of the offense.
Fine: A fine can also be imposed on individuals involved in bribery, either in addition to or instead of imprisonment.
BNS 170 bailable or not ?
The offense under BNS Section 170 is non-bailable, meaning that a person arrested under this section cannot secure bail as a matter of right. The court must decide whether to grant bail.
Comparison Table – BNS Section 170 vs IPC Section 171B
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 170 | Criminalizes offering or accepting any gratification to influence voting decisions in elections. Applies to both giver and receiver of the bribe. | Imprisonment and/or fine depending on severity of offense. | Non-Bailable (court discretion for bail) | Cognizable (police can act without warrant) | Magistrate of First Class |
| IPC Section 171B (Old) | Defined bribery as giving or accepting gratification to induce or reward the exercise of electoral rights, covering both giver and receiver. | Imprisonment and/or fine similar to BNS; exact term determined by court. | Non-Bailable | Cognizable | Magistrate of First Class |
BNS Section 170 FAQs
What does BNS Section 170 cover?
BNS Section 170 covers bribery related to elections, where giving or accepting money or favors to influence voting is considered a crime.
Who can be punished under Section 170?
Both the person offering the bribe and the person accepting it can be punished under this section.
What is the punishment for bribery under Section 170?
The punishment includes imprisonment and/or a fine, depending on the offense.
Is the BNS 170 offense bailable?
No, bribery under Section 170 is a non-bailable offense.
Conclusion
BNS Section 170 is a pillar of free and fair elections in India. By punishing bribery, it protects both candidates’ rights and voters’ freedom of choice. At the same time, it allows genuine political promises while striking down unlawful inducements. This section ensures that India’s democracy runs on trust, fairness, and integrity — not on money or coercion.
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Finished with BNS 170 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 171 : Undue influence at elections.
- https://marriagesolution.in/bns_section/bns-171/
- BNS 172 : Personation at elections.
- https://marriagesolution.in/bns_section/bns-172/
- BNS 173 : Punishment for bribery.
- https://marriagesolution.in/bns_section/bns-173/
- BNS 174 :Punishment for undue influence or personation at an election.
- https://marriagesolution.in/bns_section/bns-174/
- BNS 175 : False statement in connection with an election.
- https://marriagesolution.in/bns_section/bns-175/
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