Bharatiya Nyaya Sanhita: Section 173 – Punishment for bribery

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.

Explanation.—“Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision.

Simplified Explanation

This section deals with the punishment for bribery, prescribing different penalties depending on the nature of the bribery involved.

Key Provisions

1. General Punishment for Bribery:
   • Anyone who commits the offense of bribery shall be punished with:
     • Imprisonment of either description for a term which may extend to one year.
     • A fine.
     • Or both imprisonment and fine.
2. Exception for Bribery by Treating:
   • In the case of bribery by treating (i.e., offering food, drink, or entertainment), the punishment is fine only, and imprisonment is not applicable.
3. Explanation – “Treating”:
   • The term “treating” refers to a form of bribery where the gratification provided consists of food, drink, entertainment, or other forms of provision that may be offered as a bribe.

Explanation of Key Terms

1. Bribery:
   • Bribery involves offering, giving, receiving, or soliciting any form of gratification (e.g., money, gifts, favors) to influence the actions of a person, especially a public official or a person in a position of authority. Bribery is typically aimed at gaining unfair advantage or influencing decisions.
2. Treating:
   • Treating is a specific form of bribery where the gratification is not in the form of money or tangible gifts, but instead takes the form of food, drinks, or entertainment. It is still considered bribery because the intent is to influence a person’s actions, but it is distinguished by the nature of the gratification.

Examples of Bribery and Treating

1. Bribery by Offering Money:
   • A person offers money to a public official to secure a favorable decision. This constitutes bribery and would be punishable with imprisonment, a fine, or both.
2. Bribery by Giving Gifts:
   • A person gives expensive gifts to a decision-maker in return for influence. This, too, would be considered bribery and would be punishable under the same penalties as monetary bribery.
3. Bribery by Treating:
   • A person invites a public official to an extravagant meal, drinks, or entertainment, intending to influence a decision in their favor. While this is still bribery, the law specifically limits the punishment to a fine and excludes imprisonment for bribery by treating.

Purpose and Rationale

1. Ensure Fairness in Public Affairs:
   • The primary goal of this section is to prevent corruption and to ensure that decisions are made based on merit and not influenced by illicit offers or inducements. Bribery undermines the integrity of systems, whether in the public or private sector.
2. Differentiate Forms of Bribery:
   • The law distinguishes between different forms of bribery (e.g., monetary gifts vs. food, drink, and entertainment). The provision acknowledges that while both are forms of bribery, treating does not carry the same level of severity as offering money or gifts, and therefore, it is subject to a lighter penalty.
3. Discourage Corrupt Practices:
   • The law aims to discourage individuals from engaging in corrupt practices by setting penalties for bribery offenses. By specifying both imprisonment and fines, and differentiating the penalties based on the form of bribery, the law strives to create a comprehensive deterrent against corruption.

Penalties for Bribery

1. Imprisonment: A term up to one year is prescribed for those found guilty of bribery. This punishment aims to serve as a deterrent, especially for individuals in positions of authority who might be tempted to accept bribes.
2. Fine: In addition to or instead of imprisonment, the person may be fined. The amount of the fine is not specified in the section but is typically determined by the court based on the nature and severity of the offense.
3. Bribery by Treating: As a special case, bribery by treating (where food, drink, or entertainment is offered as a bribe) is punishable only with a fine. This is a less severe offense compared to other forms of bribery.

Conclusion

Section 173 of the Bharatiya Nyaya Sanhita 2023 provides for the punishment of individuals who engage in bribery. The general punishment involves imprisonment for up to one year, along with a fine, or both. However, in the case of bribery by treating (offering food, drink, or entertainment), the punishment is limited to a fine. The distinction between regular bribery and bribery by treating reflects the understanding that while both are harmful, the latter is considered a lesser offense in terms of severity. The section aims to discourage bribery and corruption in elections and public matters by ensuring that individuals are held accountable for attempting to influence decisions through illicit means.