Whoever –
- 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
- 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.
A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.
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.
IPC Section 171B: Simplified Explanation
IPC Section 171B of the Indian Penal Code (IPC) deals with the offence of bribery in the context of elections. This section is critical in maintaining the integrity of the electoral process by penalizing actions that aim to influence the outcome unduly. Here are the key elements of this section:
- Bribery: This section specifies that bribery involves offering or accepting a gratification as a reward for exercising electoral rights in a particular manner, for inducing or attempting to induce a person to exercise their electoral rights in a certain way, or for inducing or attempting to induce a candidate to withdraw from an election.
- Gratification is not limited to pecuniary gratifications or those estimable in money. It extends to all forms of favour, monetary or otherwise, intended to persuade individuals to act against their duty or electoral rights.
- Exceptions: Certain practices considered customary in connection with an election, like the provision of transport to and from polling stations, are explicitly excluded from the definition of bribery when done by the directions of the Election Commission.
Is IPC Section 171B Bailable?
IPC Section 171B is generally bailable. Depending on the specific circumstances and the judicial authority’s discretion, individuals accused under this section are typically allowed to be released on bail pending trial.
IPC Section 171B Punishment
The punishment under IPC Section 171B varies based on the specifics of the offence:
- For general bribery, the punishment can be imprisonment of either description for a term up to one year, or with a fine, or with both.
- Suppose the bribery involves inducing a candidate to withdraw from an election. In that case, the offence carries a more severe penalty, including imprisonment of either description for up to one year, a fine, or both.
Example of IPC Section 171B
A real-life example of the application of IPC Section 171B can be seen when candidates or their agents are caught distributing money, gifts, or other forms of gratification to voters during election periods. For instance, if a political party member is found giving cash to voters to secure their votes for a particular candidate, this would constitute bribery under Section 171B. Such cases are often reported during local and national elections, leading to legal proceedings against the individuals involved.
