Indian criminal law | Electoral offences | Updated 29 October 2026
IPC Section 171E: Punishment for Bribery at Elections and BNS Section 173
Section 171E of the Indian Penal Code, 1860 prescribed the punishment for bribery at elections. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 173, which applies under the new criminal-law framework from 1 July 2024.
What does Section 171E IPC provide?
Section 171E was the punishment provision for the offence of electoral bribery under the Indian Penal Code. It provided imprisonment of either description for a term extending to one year, or a fine, or both. Its proviso specified that bribery by treating would be punished with a fine only.
The explanation defined treating as bribery in which the gratification consists of food, drink, entertainment, or provision. The essential point is the connection between the benefit and the exercise of an electoral right; ordinary hospitality is not automatically electoral bribery.
Current law: Section 173 of the Bharatiya Nyaya Sanhita, 2023
Section 173 BNS, titled Punishment for bribery, carries forward the same general punishment and the special rule for treating. The offence itself is defined separately in Section 170 BNS, which corresponds to Section 171B IPC.
| Issue | Earlier IPC | Current BNS |
|---|---|---|
| Definition of electoral bribery | Section 171B | Section 170 |
| Punishment for bribery | Section 171E | Section 173 |
| Maximum imprisonment | One year | One year |
| Fine | Permitted; no fixed maximum in this provision | Permitted; no fixed maximum in this provision |
| Bribery by treating | Fine only | Fine only |
For alleged conduct before 1 July 2024, the applicable law must be assessed with the repeal and savings provisions and the facts of the case. The BNS should not automatically be applied retrospectively to earlier conduct.
What amounts to electoral bribery?
Under Section 170 BNS, electoral bribery broadly includes giving gratification to induce or reward the exercise of an electoral right, and accepting gratification as a reward for exercising that right or inducing another person to do so. Offers, agreements, attempts to procure gratification, and certain attempts to obtain it are expressly addressed.
An electoral right under Section 169 BNS includes the right to stand or not stand as a candidate, withdraw candidature, vote, or refrain from voting. A declaration of public policy or promise of public action is not, by itself, an offence under Section 170.
Meaning of treating and practical examples
- Cash for a vote: Paying a voter to vote for a candidate may amount to electoral bribery, attracting the general punishment under Section 173.
- Meals in exchange for votes: Providing food or drink as gratification to influence voting may constitute bribery by treating; the special fine-only rule applies.
- Entertainment offered as an inducement: Organising entertainment in return for exercising an electoral right may fall within treating if the statutory ingredients are proved.
- General election promises: A declaration of public policy or a promise of public action is expressly distinguished from bribery under Section 170.
Whether an act is bribery depends on the purpose, evidence, surrounding circumstances and the relevant statutory requirements. Not every gift, meal, political meeting or campaign promise constitutes a criminal offence.
Other relevant election laws
The Representation of the People Act, 1951 separately regulates corrupt practices and election-related offences. In particular, Section 123(1) addresses bribery as a corrupt practice in the context of election disputes. The consequences under election law can differ from criminal punishment under the BNS.
Frequently asked questions
Is Section 171E IPC still the current provision?
For the new criminal-law regime from 1 July 2024, the corresponding provision is Section 173 BNS. Section 171E IPC remains relevant to earlier offences and historical cases, subject to applicable savings rules.
What is the maximum punishment for electoral bribery?
Imprisonment of either description for up to one year, a fine, or both, under Section 173 BNS. Bribery by treating is punishable with a fine only.
Does offering food during an election always amount to bribery?
No. The prosecution must establish the statutory elements of bribery, including the relevant electoral inducement or reward. Food or entertainment alone does not automatically prove the offence.
Which section defines bribery under the BNS?
Section 170 BNS defines electoral bribery; Section 173 provides the punishment.
Official statutory references
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 169, 170 and 173)
- India Code - Bharatiya Nyaya Sanhita, 2023
- Ministry of Home Affairs - New Criminal Laws
- India Code - search the Indian Penal Code, 1860 and Representation of the People Act, 1951
This article is general legal information, not a substitute for advice on specific facts. Refer to the current statutory text and applicable notifications before relying on a provision.