Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both;
Provided that bribery by treating shall be punished with fine only.
Explanations
- “Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision.
Simplified Explanation
Section 171E of the Indian Penal Code (IPC) pertains to the offence of bribery in elections. It specifies the penalties for both the giver and the receiver of a bribe in the context of influencing electoral processes. This section plays a crucial role in ensuring the integrity and fairness of elections by deterring corrupt practices. Here are the essential elements of this section:
- Bribery Defined: Under IPC Section 171E, bribery involves offering or accepting any gratification intending to influence the actions of a voter or a candidate concerning their electoral rights. Gratification is not limited to money but can include any other favour or reward.
- Scope: This section applies to anyone who gives or takes a bribe, not just to the candidates or their agents. It aims to cover all parties involved in corrupt electoral practices.
Is IPC Section 171E Bailable?
IPC Section 171E prescribes a non-bailable offence. This means the accused has no automatic right to bail and must seek it from a court.
IPC Section 171E Punishment
The punishment under IPC Section 171E is imprisonment for a term extending to one year, with a fine, or with both. This applies to both the giver and the receiver of the bribe.
Example of IPC Section 171E
A real-life example of the application of IPC Section 171E occurred during a state assembly election when a candidate’s campaign team was caught distributing cash envelopes to voters in exchange for their votes. The authorities charged the individuals involved with bribery under Section 171E, emphasizing the section’s role in curbing electoral malpractices and maintaining the sanctity of the electoral process.
