IPC Section 171B — Bribery

offences relating to elections

Criminal

Summary

A person commits the offence of bribery if they give something of value to someone to influence that person or another person to vote or to reward them for having voted. A person also commits bribery if they accept something of value for themselves or for someone else as a reward for voting or for trying to get another person to vote. However, simply stating a public policy or promising to take public action is not an offence under this rule. Offering, agreeing to give, or trying to get a gratification is treated the same as actually giving it, and obtaining, agreeing to accept, or trying to get a gratification is treated the same as actually accepting it.

Official Text

Whoever:
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
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.
A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.
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

  • No.11978 of 2019 vs 1.Union of India — Madras High Court (2019)
  • both Was/Petitioner vs 1.The Chief Electoral Officer, — Madras High Court (2018)
  • .. Petitioner vs The Inspector of Police, — Madras High Court (2017)
  • IQBAL SINGH v. S. GURDAS SINGH & ORS. S — Supreme Court of India (1976)
  • STATE OF MADHYA PRADESH v. M. V. NARASIMHAN J — Supreme Court of India (1976)
  • S.C.R. 835 RAJINDER SINGH v. STATE OF PUNJAB — Supreme Court of India (2015)
  • SC (1957) Vol.1 p.423 — Supreme Court of India (1957)
  • THE INDIAN OXYGEN & ACETYLENE CO., PRIVATE LTD., BOMBAY v. ITS WORKMEN & ANOTHER — Supreme Court of India (S)

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