Code :Section 173 BNS
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.
Explanation of Section 173 BNS – Punishment for Bribery
Section 173 of the Bharatiya Nyaya Sanhita, 2023, lays down the punishment for the offence of bribery in connection with elections. Bribery is considered a corrupt electoral practice that hampers free and fair elections.
Under this section:
- A person found guilty of bribery can be punished with imprisonment (simple or rigorous) for up to one year or fine or both.
- However, if the bribery is in the form of “treating” (offering food, drink, entertainment, etc.), then the punishment is fine only.
The objective is to deter candidates, political parties, and individuals from attempting to influence voters by offering monetary or material benefits.
Illustration of Section 173 BNS
Example 1
Ramesh, a political party worker, offers ₹500 to each voter in his locality to vote for a particular candidate. He can be punished under Section 173 BNS with imprisonment, fine, or both.
Example 2
A candidate hosts a free feast for voters during the election period to influence them. This is “treating” as defined in Section 173 BNS and punishable with fine only.
Example 3
Suman gifts expensive smartphones to voters in exchange for their votes. This act will attract imprisonment or fine under Section 173 BNS.
Common Questions & Answers on Section 173 BNS
What is bribery under Section 173 BNS?
Bribery refers to offering, giving, or receiving any gratification to induce a person to vote or not vote in an election.
What is the punishment for bribery under BNS?
The punishment may extend up to one year of imprisonment, or fine, or both. However, bribery in the form of treating (food, drink, entertainment) is punishable with fine only.
What is “treating” under Section 173 BNS?
“Treating” is a form of bribery where voters are influenced by being provided food, drink, entertainment, or other hospitality.
Does Section 173 apply to both giver and receiver of bribes?
Yes, the section applies to any person who commits the offence of bribery, which can include both the giver and the receiver.
Is there a separate punishment for treating and bribery?
Yes. Treating attracts only a fine, while other forms of bribery may attract imprisonment, fine, or both.
Related Sections & Internal Links
For more details on offences related to elections under BNS, check:
- Section 172 BNS – Personation at Elections
- Section 174 BNS – Undue Influence at Elections
- Section 175 BNS – False Statements in Connection with Elections
Conclusion
Section 173 of the Bharatiya Nyaya Sanhita is a significant provision to curb corruption in the electoral process. By penalizing bribery and differentiating between monetary gratification and “treating,” it ensures that elections remain transparent and free from undue influence. Citizens must be aware of these provisions to uphold the democratic values of free and fair elections.
For more legal articles, case laws, and explanations of BNSS & BNS sections, visit ApniLaw.com.
