170 BNS : Bribery.

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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.

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The Bharatiya Nyaya Sanhita (BNS) Section 170 replaces the old Indian Penal Code (IPC) Section 171-B.

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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.

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Under Section 170 of the bns act 2023

“Whoever gives or accepts any gratification in order to induce or reward the exercise of any electoral right, commits the offence of bribery:
Provided that a declaration of public policy or a promise of public action shall not be deemed to be an offence under this section.”

Section 170 of the Bharatiya Nyaya Sanhita (BNS) criminalizes bribery in elections. It punishes both the giver and the receiver of a bribe when it is intended to influence electoral rights. However, normal promises of public policy or future governance are excluded from the definition of bribery.

This ensures that elections are conducted fairly and that voters’ decisions remain free and independent of monetary or material influence.

Key Elements of Section 170

1. Bribery = Crime
Offering or accepting money, gifts, or benefits to influence voting decisions is illegal.

2. Both Parties Liable
The giver and the receiver of the bribe are equally guilty.

3. Attempts Covered
Even if the bribe is not successfully exchanged, attempts are punishable.

4. Electoral Rights Protected
Bribery related to contesting, withdrawing, or voting in an election is included.

5. Exception for Public Policy
Promising roads, schools, or development projects is not considered bribery — it’s part of political campaigning.

6. Cognizable Offence
Police can act without a warrant.

7. Non-Bailable
Bail is not a right; courts decide based on seriousness.

8. Non-Compoundable
Cannot be settled privately between parties.

9. Trial by Magistrate of First Class
Ensures judicial oversight.

10. Democratic Safeguard
Protects free choice in elections and ensures fairness.

Examples of BNS Section 170

Example 1 – Direct Bribe:
A candidate distributes cash envelopes to voters asking them to vote in his favor. Both the candidate and the voters who accept are guilty under Section 170.

Example 2 – Attempted Bribe:
A businessman offers free goods to villagers if they support a particular candidate. Even if no one accepts, the businessman is guilty of attempted bribery.

Example 3 – Public Policy Promise (Not Bribery):
A politician promises to improve roads and electricity if elected. This is a public policy promise and is not bribery.

Why Section 170 is Important

• Protects Electoral Integrity → Keeps elections free from money power.
• Equal Liability → Both givers and receivers of bribes are held accountable.
• Closes Loopholes → Even attempts to bribe are punishable.
• Democratic Safeguard → Ensures voters make decisions independently.
• Balances Campaigning & Bribery → Policy promises are allowed, bribery is not.

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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.

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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.

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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.

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Comparison Table – BNS Section 170 vs IPC Section 171B

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BNS Section 170 FAQs

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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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