Section 171E IPC: Punishment for Bribery at Elections
Section 171E of the Indian Penal Code, 1860 prescribed the punishment for electoral bribery. As the punishment provision, it operated with Section 171B IPC, which defined the offence of bribery in relation to electoral rights.
Text of Section 171E IPC
Meaning and Scope of Section 171E IPC
Section 171E is a punishment provision. It does not independently define what amounts to electoral bribery. For that purpose, it must be read with Section 171B IPC, which sets out the circumstances in which giving or accepting gratification in connection with the exercise of an electoral right constitutes bribery.
Once the offence of bribery within the statutory definition is established, Section 171E provides the applicable punishment, subject to its special proviso for bribery by treating.
Punishment Under Section 171E IPC
| Form of bribery | Punishment under Section 171E IPC |
|---|---|
| Bribery generally | Imprisonment of either description for a term which may extend to one year, or fine, or both. |
| Bribery by treating | Fine only. |
What Does "Imprisonment of Either Description" Mean?
The expression "imprisonment of either description" refers to the two descriptions of imprisonment recognized by the IPC: rigorous imprisonment, involving hard labour, and simple imprisonment. Section 171E permitted imprisonment of either description for general bribery, subject to the maximum term stated in the section.
What Is Bribery by Treating?
The Explanation to Section 171E gives "treating" a specific statutory meaning. It is the form of bribery in which the gratification consists of:
- food;
- drink;
- entertainment; or
- provision.
The special proviso is important because bribery by treating is not punished in the same manner as general bribery under Section 171E. Where the bribery falls within the statutory meaning of treating, the prescribed punishment is fine only.
Section 171B Defines Bribery
Section 171B IPC dealt with the substantive definition of bribery. Broadly, it covered giving gratification with the object of inducing or rewarding the exercise of an electoral right, and accepting gratification in the circumstances specified by that section. Section 171B also contained deeming provisions concerning giving and accepting gratification.
Accordingly, Section 171B answers the question whether the relevant conduct constitutes bribery, while Section 171E states the punishment after the offence is established.
Meaning of Electoral Right
The expression "electoral right" used in the IPC election-offence provisions was defined by Section 171A IPC. It included the right 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.
Section 171E Compared With Related Election Offences
| IPC provision | Subject |
|---|---|
| Section 171A | Defines "candidate" and "electoral right". |
| Section 171B | Defines bribery. |
| Section 171C | Defines undue influence at elections. |
| Section 171D | Defines personation at elections. |
| Section 171E | Prescribes punishment for bribery. |
| Section 171F | Prescribes punishment for undue influence or personation at an election. |
Essential Legal Effect of Section 171E
- Section 171E is the punishment provision for bribery defined by Section 171B IPC.
- General bribery may attract imprisonment of either description up to one year, fine, or both.
- The section does not prescribe a mandatory term of imprisonment.
- Bribery by treating is subject to the special rule of fine only.
- The statutory Explanation defines treating by reference to gratification consisting of food, drink, entertainment or provision.
Practical Application
Before applying the punishment in Section 171E, the alleged conduct must first satisfy the ingredients of bribery under Section 171B. It is also necessary to determine whether the gratification falls within the special category of "treating", because that classification changes the punishment expressly prescribed by Section 171E.
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. Section 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. Application of Section 171E depends on establishment of the underlying offence of bribery under the applicable law.