BNS Section 170 — Bribery

Summary

Sub-section (1) defines the offence of bribery. Under clause (i), a person commits bribery if they give a gift, favour, or other benefit (called a gratification) to anyone, with the aim of either persuading that person or someone else to exercise any electoral right, or rewarding anyone for having already exercised such a right. Under clause (ii), a person also commits bribery if they accept a gratification, either for themselves or for anyone else, as a reward for exercising any electoral right, or for persuading or trying to persuade another person to exercise such a right. However, the section adds a condition: merely declaring a public policy or promising to take public action is not treated as an offence under this section.

Sub-section (2) clarifies that a person who offers a gratification, agrees to give one, or offers or attempts to obtain one, is considered to have actually given a gratification.

Sub-section (3) clarifies that a person who obtains a gratification, agrees to accept one, or attempts to obtain one, is considered to have actually accepted a gratification. It also states that if a person accepts a gratification as a motive for doing something they do not actually intend to do, or as a reward for something they have not actually done, they are treated as having accepted the gratification as a reward.

Official Text

(1) Whoever—

(i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or

(ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery:

Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.

(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.

(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §171B — Bribery