(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.
Simplified Explanation
This section defines bribery in the context of electoral rights, outlining the prohibited acts related to the giving and receiving of gratifications (bribes) to influence voting behavior.
Key Provisions
- Giving Gratification (Bribery Offense):
- Subsection (1)(i): It is an offense for anyone to give a gratification to another person with the intention of inducing them or any other person to exercise their electoral right (i.e., to vote in a certain way).
- This provision also covers giving rewards for having already exercised the electoral right, creating a quid pro quo situation where votes are exchanged for material benefits.
- Accepting Gratification (Bribery Offense):
- Subsection (1)(ii): It is also an offense for a person to accept any gratification, either for themselves or on behalf of another person, as a reward for exercising their electoral right or for attempting to influence someone else’s vote.
- This provision addresses situations where voters or officials are bribed to ensure certain voting outcomes, either through direct inducement or as a reward for past behavior.
- Public Policy Exception:
- Proviso: A declaration of public policy or a promise of public action does not amount to bribery under this section. This means that statements made about policy intentions, as long as they are not tied to specific voting actions, are not considered criminalized by this section.
- Deemed Acts (Offering or Accepting Bribe):
- Subsection (2): Anyone who offers, agrees to offer, or attempts to procure a gratification is considered to have given the bribe.
- This means that even the attempt or intention to bribe is punishable, and an individual is considered guilty even if the bribe is never actually handed over or received.
- Subsection (3): Similarly, anyone who accepts or attempts to accept a gratification is considered to have accepted the bribe.
- It also clarifies that if a person accepts a bribe for doing something they have no intention of doing or as a reward for something they have not done, they are still deemed to have committed bribery.
Explanation of Key Terms
- Gratification:
- This refers to any reward, gift, or benefit given or received in exchange for influencing someone’s electoral behavior. It could be money, goods, services, or any other form of advantage.
- Inducing or Rewarding Electoral Actions:
- The section criminalizes inducements (such as bribery) made with the aim of getting someone to vote or not vote in a particular way, or to vote at all. It also criminalizes rewarding someone after they have voted or refrained from voting in a specific way.
- Public Policy Declaration:
- The exception provided in the section acknowledges that promises of future actions or policy declarations made by political candidates or parties do not automatically qualify as bribery, unless they are directly linked to an individual’s vote.
Purpose and Rationale
- Ensuring Electoral Integrity: This section is crucial to maintaining the integrity of elections. By criminalizing bribery in the form of gratifications (either given or received), it seeks to prevent the manipulation of the electoral process.
- Preventing Voter Manipulation: It ensures that voting remains a free and fair process, free from undue influence or coercion, such as monetary or material incentives that could sway voters to act against their genuine preferences.
- Clear Definition of Bribery: By providing detailed definitions and including attempts or offers as punishable acts, it makes it clear that even if a bribe is not successfully executed, the intent or the act of attempting to induce an election outcome through bribery is an offense.
Examples of Bribery Under Section 170
- Giving a Bribe:
- A politician offers a sum of money to a voter, asking them to vote for a specific candidate in the upcoming election. The offering of money with the intent of influencing the vote would be considered bribery under this section.
- Receiving a Bribe:
- A voter accepts money from a candidate or a political party in exchange for casting their vote for that party or candidate. The voter is guilty of bribery for accepting a reward in exchange for voting in a particular manner.
- Attempting to Influence an Election:
- If an individual offers to pay a sum of money to a group of voters in exchange for voting for a specific candidate but the voters do not accept the offer, the offer itself constitutes an attempted bribery under the law, even if no money changes hands.
Consequences and Penalties
While this section does not explicitly outline the specific penalties for bribery, the criminal nature of the offense implies that those convicted of bribery under this section would face legal consequences such as:
- Imprisonment (ranging from a term of imprisonment to life imprisonment depending on the severity of the offense).
- Fines (to act as a deterrent and punishment).
Conclusion
Section 170 of the Bharatiya Nyaya Sanhita 2023 aims to protect the integrity of elections by criminalizing bribery related to the exercise of electoral rights. The section clearly defines the acts of giving and receiving gratifications with the intent to influence or reward voting behavior, ensuring that the election process remains free from manipulation. By outlining penalties for those involved in bribery, including attempts to bribe, the law upholds the principles of fair representation and democratic choice.
