Section 171B IPC: Bribery and Punishment Under Section 171E

Section 171B of the Indian Penal Code, 1860 defined bribery in relation to the exercise of electoral rights. It covered specified giving and acceptance of gratification intended to induce or reward the exercise of an electoral right. Section 171E prescribed the punishment for the offence.

Section 171B IPC - Bribery

Meaning of Bribery Under Section 171B IPC

Section 171B dealt specifically with electoral bribery. The statutory focus is the connection between a gratification and the exercise of an electoral right. The provision addresses both the giving side and the acceptance side of the prohibited transaction.

The expression "electoral right" is defined in Section 171A IPC. It includes the right of a person to stand or not to stand as a candidate, to withdraw from being a candidate, to vote, or to refrain from voting at an election.

Giving Gratification to Influence an Electoral Right

Under Section 171B(1)(i), bribery is committed where gratification is given to a person with the object of inducing that person or another person to exercise an electoral right. The provision also covers gratification given as a reward for a person having exercised such a right.

Accepting Gratification

Section 171B(1)(ii) addresses the receiving side. It covers acceptance of gratification, either for oneself or for another person, as a reward for exercising an electoral right or for inducing or attempting to induce another person to exercise such a right.

Essential Elements of Electoral Bribery

• Gratification: There must be gratification falling within the conduct described by the section.
• Electoral connection: The gratification must have the statutory connection with the exercise of an electoral right.
• Giving branch: It may be given to induce the exercise of an electoral right or to reward a person for having exercised such right.
• Acceptance branch: It may be accepted as a reward for exercising an electoral right or for inducing or attempting to induce another person to exercise such right.
• Deeming provisions: Offers, agreements, attempts to procure, attempts to obtain and other conduct specified in subsections (2) and (3) are expressly brought within the concepts of giving or accepting gratification.

What Is Deemed to Be Giving Gratification?

Section 171B(2) expands the ordinary meaning of giving. A person is deemed to give gratification if that person:

• offers gratification;
• agrees to give gratification;
• offers to procure gratification; or
• attempts to procure gratification.

Accordingly, the statutory definition does not require proof that gratification was actually handed over in every case covered by the deeming provision.

What Is Deemed to Be Accepting Gratification?

Under Section 171B(3), a person who obtains, agrees to accept, or attempts to obtain gratification is deemed to accept it. The subsection further provides that a person accepting gratification as a motive for doing something the person does not intend to do, or as a reward for doing something the person has not done, is deemed to have accepted the gratification as a reward.

Public Policy and Public Action Exception

The proviso to Section 171B(1) expressly states that a declaration of public policy or a promise of public action shall not be an offence under Section 171B. This statutory exception is part of the definition of electoral bribery and should be considered when determining whether alleged conduct falls within the section.

Section 171E IPC - Punishment for Bribery

Punishment Under Section 171E IPC

Meaning of "Treating" Under Section 171E

The Explanation to Section 171E gives "treating" a specific statutory meaning. It is a form of bribery in which the gratification consists of food, drink, entertainment, or provision. Unlike the general punishment for bribery under Section 171E, bribery by treating is punishable with fine only.

Relationship With Other IPC Election Offences

Section 171B should be read with the surrounding election provisions. Section 171A IPC defines "candidate" and "electoral right". Section 171C IPC concerns undue influence at elections, while Section 171D IPC concerns personation at elections. Section 171E provides the punishment for bribery defined by Section 171B.

Practical Legal Effect

In applying Section 171B, the alleged gratification, the person giving or accepting it, the electoral right involved, and the object or reward connecting the gratification with that electoral right are central to the statutory inquiry. The deeming provisions in subsections (2) and (3) are also important because the section expressly extends beyond completed physical payment or receipt.

Position After 1 July 2024

The Indian Penal Code, 1860 was replaced for the new criminal-law regime by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024, subject to the applicable repeal and savings provisions. Sections 171B and 171E IPC can therefore remain relevant where the earlier law governs the alleged conduct or proceeding. For conduct governed by the new regime, the applicable provisions of the Bharatiya Nyaya Sanhita, 2023 and relevant election law should be examined.

Note: This article explains the pre-BNS statutory position for general legal information. Whether particular conduct constitutes electoral bribery depends on the facts and the ingredients of the applicable provision.