IPC Section 171B: Bribery at Elections and BNS Section 170
Electoral bribery covers giving, offering, accepting or seeking gratification to influence the exercise of an electoral right. This guide explains the earlier Indian Penal Code provision and the corresponding law under the Bharatiya Nyaya Sanhita, 2023.
What did IPC Section 171B provide?
Section 171B of the IPC defined bribery in relation to elections. A person committed bribery by giving gratification to induce or reward another person for exercising an electoral right, or by accepting gratification as a reward for exercising such a right or for inducing or attempting to induce someone else to do so.
The section also treated an offer, agreement or attempt to procure gratification as giving it, and an agreement or attempt to obtain gratification as accepting it. It covered acceptance even where the promised conduct was not intended or had not occurred.
Current provision: BNS Section 170
Section 170 of the BNS substantially retains the three-part definition of electoral bribery in former IPC Section 171B.
Section 170(1): Giving or accepting gratification
Bribery includes (a) giving gratification to induce or reward the exercise of an electoral right, and (b) accepting gratification for oneself or another as a reward for exercising an electoral right or inducing, or attempting to induce, another person to exercise it.
Statutory exception: A declaration of public policy or a promise of public action is not, by itself, an offence under this section. The facts and the nature of the inducement remain important.
Section 170(2): Offers and agreements
A person is deemed to give gratification when that person offers it, agrees to give it, or offers or attempts to procure it. Actual transfer is therefore not always necessary.
Section 170(3): Acceptance and attempted acceptance
Obtaining, agreeing to accept or attempting to obtain gratification is deemed acceptance. The provision also covers accepting gratification for an act the person does not intend to perform or as a reward for an act not performed.
Meaning of electoral right and gratification
Electoral right: Under BNS Section 169, this includes the right to stand or not stand as a candidate, withdraw candidature, vote, or refrain from voting in an election. A candidate is a person nominated as a candidate at an election.
Gratification: In this context, it is the benefit offered, given, sought or accepted to influence or reward electoral conduct. It may involve money or other benefits; the required connection with an electoral right is central to the offence.
Punishment for election bribery: BNS Section 173
Section 170 defines the offence; Section 173 prescribes the punishment. Electoral bribery is punishable with imprisonment of either description for up to one year, or a fine, or both.
The statute makes an exception for bribery by treating, meaning gratification consisting of food, drink, entertainment or provision. Such bribery is punishable with a fine only.
IPC and BNS provisions compared
| Subject | Earlier IPC provision | Current BNS provision |
|---|---|---|
| Candidate and electoral right defined | Section 171A | Section 169 |
| Bribery defined | Section 171B | Section 170 |
| Punishment for bribery | Section 171E | Section 173 |
| Undue influence at elections | Section 171C | Section 171 |
| Personation at elections | Section 171D | Section 172 |
Practical examples
- Offering money to a voter in return for voting for a particular candidate may amount to bribery even if the voter refuses.
- Accepting a benefit as a reward for persuading another person to vote or abstain may fall within the offence.
- Offering food or entertainment to influence voting can amount to bribery by treating; the specific punishment rule applies.
- A general public policy announcement or promise of public action does not automatically constitute bribery under Section 170.
Whether an offence is established depends on the evidence, statutory ingredients and circumstances. Other election laws, including the Representation of the People Act, 1951, may also be relevant.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 169, 170 and 173).
- Ministry of Home Affairs - New Criminal Laws.
- India Code - Central legislation database.
Frequently asked questions
Is IPC Section 171B still applicable?
The IPC has been repealed and replaced by the BNS with effect from 1 July 2024. Earlier offences and proceedings may remain governed by the IPC through applicable savings provisions.
Which BNS section corresponds to IPC Section 171B?
Section 170 BNS defines bribery at elections. Section 173 BNS deals with its punishment.
Does an offer of a bribe count?
Yes. Section 170(2) expressly includes offers, agreements and attempts to procure gratification within its deeming rule.
Is providing food to voters always an offence?
No. The relevant question is whether the food or hospitality constitutes gratification connected to inducing or rewarding an electoral right. When it is bribery by treating, Section 173 provides for a fine-only punishment.
Legal information: This article is general information, not a substitute for advice on the facts of a particular case. Updated 29 October 2026.