170 BNS

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Introduction of Section 170 BNS

170 BNS deals with the offense of bribery, specifically related to influencing or rewarding electoral rights. It focuses on actions where individuals give or accept gratification in exchange for influencing electoral decisions. This section also clarifies that public policy declarations or promises of public actions do not fall under the definition of bribery.

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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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BNS 170 in Simple Points

1. Focus on Elections: The section targets bribery during elections, ensuring voters are not influenced by money or gifts.
2. Giver and Receiver are Guilty: Both the person who gives a bribe and the person who accepts it are committing a crime.
3. Includes Attempts: Even if the bribe is not completed, attempts to offer or receive a bribe are punishable.
4. No Punishment for Public Declarations: Promises related to public policy or government action are not considered bribery.
5. Non-Bailable Offense: This offense is serious and is non-bailable, meaning it is harder to get out of jail while the case is ongoing.

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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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Bharatiya Nyaya Sanhita Section 170

Section	Details
Section Number	170
Offense	Bribery related to electoral rights
Acts Criminalized	Giving or accepting gratification to influence voting
Punishment	Imprisonment and/or fine
Bailable/Non-Bailable	Non-bailable
Cognizable/Non-Cognizable	Cognizable
Who Can Be Punished	Both the giver and receiver of the bribe
Exceptions	Public policy promises and declarations are not considered bribery
Scope of Offense	Covers attempts to give or receive bribes
Objective	To ensure fair and unbiased electoral processes

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BNS Section 170 FAQs

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