IPC 171B

Introduction of 171B IPC

IPC Section 171B deals with bribery in elections. It makes it illegal to offer, give, or accept money, gifts, or other benefits in exchange for voting rights. This law is designed to ensure free and fair elections by preventing voters from being influenced by financial or material rewards.

Bribery can be committed in two ways:

1. Offering Bribe – If a person offers or gives money, gifts, or benefits to influence someone’s voting decision.
2. Accepting Bribe – If a voter accepts money or benefits in exchange for voting in a particular way.

The law also considers attempted bribery as an offense. However, general political promises or policy declarations do not count as bribery unless they are specifically used to buy votes.

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What is IPC Section 171B ?

IPC Section 171B defines bribery in elections. It makes it illegal to offer or accept money, gifts, or rewards to influence voting decisions. This law ensures free and fair elections by preventing corruption in the electoral process.

A person commits bribery if they:

• Give money or benefits to influence someone’s vote.
• Accept money or benefits as a reward for voting in a certain way.
• Attempt to bribe or agree to receive a bribe for election-related decisions.

However, public promises about future policies are not considered bribery under this section.

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Law against buying votes in elections in Simple Points

1. Bribery Includes Giving or Receiving Money, Gifts, or Benefits

Bribery in elections is not just about cash transactions. It includes any kind of gift, free services, job offers, or personal benefits given to a voter in exchange for their vote. Even promising a future reward to someone for voting in a particular way is considered an offense. The law ensures that elections are not influenced by unfair financial advantages.

2. Both the Bribe-Giver and the Bribe-Taker Are Guilty

IPC 171B makes it clear that both the person offering the bribe and the person accepting it are committing a crime. This means a politician, party worker, or any person who tries to buy votes is guilty. Similarly, if a voter accepts money or benefits in exchange for their vote, they are also liable for punishment. This prevents corruption on both sides of the election process.

3. Bribery Undermines Free and Fair Elections

Bribery affects the honesty and fairness of elections. When candidates use money or benefits to influence voters, it reduces the importance of real issues and prevents people from choosing the best leader. IPC 171B ensures that people vote freely, based on their beliefs, and not because of financial incentives.

4. Attempted Bribery is Also a Crime

Even if the bribe is not successfully given or accepted, the attempt to bribe or accept a bribe is still an offense. For example, if a politician offers money to voters, but they refuse to take it, the politician is still guilty of attempted bribery. This law ensures that bribery is prevented at all levels, even before it takes effect.

5. Punishment for Bribery Under IPC 171B

If a person is found guilty of bribery in elections, they can face imprisonment for up to 1 year or a fine. In some cases, the court may impose both imprisonment and a fine, depending on the severity of the offense. Since this offense is bailable and non-cognizable, an accused person can apply for bail, and the police cannot arrest them without court permission.

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Section 171B IPC Overview

IPC 171B defines bribery as:

1. Giving a bribe – If someone offers, gives, or promises any money, gifts, or benefits to another person to influence their electoral decision, it is considered bribery.
2. Accepting a bribe – If someone agrees to take or accepts money, gifts, or rewards in exchange for voting in a particular way, they are also guilty of bribery.
3. Attempted bribery – Even if the bribe is not successfully given or accepted, merely attempting to offer or accept it is also a crime under this law.

However, general political promises made to the public, like policies or welfare schemes, do not count as bribery unless they are given to an individual or specific group in exchange for votes.

IPC Section 171B – Bribery in Elections

1. Definition of Bribery in Elections

Bribery in elections refers to the act of giving or receiving money, gifts, or benefits to influence a person’s voting choice. Under IPC 171B, both the person offering the bribe and the person accepting the bribe can be punished. This law ensures that elections remain fair, free, and free from corruption. Any attempt to buy votes or reward someone for voting in a certain way is considered an offense.

2. Giving a Bribe is a Crime

A person commits an offense under IPC 171B if they offer, give, or promise to give money, gifts, or any other benefits to a voter. The bribe can be given directly or indirectly to persuade someone to vote for a specific candidate. Even if the bribe does not change the voter’s decision, the act of offering itself is illegal. The law punishes those who try to manipulate voters with incentives.

3. Accepting a Bribe is Also a Crime

Not only the person giving a bribe but also the person accepting it is guilty under IPC 171B. If a voter accepts money, gifts, or benefits in return for voting for a specific candidate, it is considered an offense. Even if the voter takes the bribe but votes differently, the acceptance itself is illegal. The law discourages voters from being influenced by money or benefits in elections.

4. Indirect Bribery is Also Covered

IPC 171B covers both direct and indirect bribery. Even if a candidate does not directly give money to a voter but uses someone else to offer the bribe, it is still a crime. If a person tries to arrange or promise a bribe on behalf of someone else, they are also guilty. This prevents loopholes where bribes are given through agents or third parties.

5. Bribery Can Include More Than Money

Bribery does not only mean giving or receiving cash. It can include gifts, free services, job offers, promises of future benefits, or anything that influences a person’s vote. A candidate offering free items like food, clothes, or electronics to get votes is committing bribery. Even promises of government benefits or personal favors can be considered bribery under this law.

6. Bribery Affects Fair Elections

Bribery in elections damages democracy because it influences people to vote not based on their choice, but for personal gain. It creates unfair advantages for candidates who have more money and discourages honest leadership. IPC 171B aims to protect the integrity of elections by ensuring that votes are cast freely and without pressure.

7. Public Promises Are Not Bribery

There is an exception under IPC 171B, which states that public declarations of policy or future government plans are not considered bribery. If a political party announces schemes, subsidies, or benefits for the public, it is not illegal. However, if these promises target individual voters in exchange for votes, it becomes bribery.

8. Attempted Bribery is Also an Offense

Even if the bribe is not actually given or received, the attempt to offer or accept a bribe is also punishable. If someone tries to negotiate or agree to give a bribe, it is still a crime under IPC 171B. This ensures that election bribery is stopped at all levels, including planning or attempts to commit it.

9. Punishment for Bribery (Imprisonment and Fine)

A person guilty of bribery under IPC 171B can face imprisonment for up to 1 year. In some cases, the court may also impose a fine. The severity of the punishment depends on the impact of the bribery on elections. If the offense is serious, the accused may be given both imprisonment and a fine.

10. IPC 171B is a Bailable and Non-Cognizable Offense

Bribery under IPC 171B is a bailable offense, meaning the accused can apply for bail and avoid immediate jail time. It is also non-cognizable, which means the police cannot arrest the accused without permission from the court. The case is usually tried in a Magistrate’s court, where the punishment is decided based on evidence.

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Section 171B IPC case laws

1. N.P. Ponnuswami v. Returning Officer, Namakkal (1952)

Facts:

• The petitioner challenged an election on the grounds that his opponent had offered money and gifts to voters.
• He argued that bribery influenced the election results unfairly.

Result:

• The Supreme Court dismissed the petition, stating that election disputes should be resolved through an Election Petition rather than regular courts.
• However, the case emphasized that bribery in elections is a serious offense and must be dealt with under election laws.

2. S. Raghbir Singh Gill v. S. Gurcharan Singh Tohra (1980)

Facts:

• A candidate was accused of offering free food and money to villagers in exchange for votes.
• Witnesses testified that he had distributed cash envelopes before the election.

Result:

• The court declared the election void, stating that offering direct financial benefits to voters amounts to bribery under IPC 171B.
• The accused was disqualified from contesting elections for 6 years.

3. Ram Sewak Yadav v. Hussain Kamil Kidwai (1964)

Facts:

• A political party was accused of offering free transport and liquor to voters before the election.
• The opposition argued that such incentives unfairly influenced the election results.

Result:

• The court ruled that giving free transport and liquor to voters was bribery.
• It set a precedent that any material benefit given to influence voting decisions falls under bribery laws.

4. Krishnamoorthy v. Sivakumar & Others (2015)

Facts:

• A candidate was accused of spending large amounts of money on distributing cash, sarees, and household items to voters.
• The complaint was filed after videos and eyewitness statements confirmed these actions.

Result:

• The Supreme Court ruled that this act violated IPC 171B and ordered a re-election in the constituency.
• The candidate was barred from contesting elections for 5 years.

5. Abhiram Singh v. C.D. Commachen (2017)

Facts:

• A candidate was accused of offering religious benefits and community-based incentives in exchange for votes.
• The opposition argued that using religion or caste-based promises was equivalent to bribery.

Result:

• The Supreme Court ruled that electoral decisions should not be influenced by religious, caste-based, or financial incentives.
• It reinforced the idea that bribery under IPC 171B covers all forms of undue influence, including money, material goods, and community-based benefits.

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171B IPC Punishment

1. Imprisonment

A person found guilty of bribery under IPC 171B can face up to 1 year of imprisonment. The punishment depends on the severity of the act and the impact on the election.

2. Fine

The court can also impose a fine as a penalty for bribery. The amount of the fine is decided by the court based on the circumstances of the case. In some cases, both imprisonment and a fine can be imposed.

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IPC 171B bailable or not ?

Bailable: A person accused under IPC 171B can get bail and does not have to stay in custody until the trial.

Non-Cognizable: Police cannot arrest the accused without prior approval from the court.

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Section 171B IPC in short information

IPC Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial
IPC 171B	Bribery in elections	Up to 1 year imprisonment, fine, or both	Bailable	Non-Cognizable	Trial by Magistrate

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IPC Section 171B FAQs

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