Code:
(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.
Explanation:
This section states that whoever, being a public servant, accepts or obtains or agrees to accept or obtain any gratification, other than legal remuneration, for himself or for any other person, as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or forbearing to render any service or disservice to any person, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
Illustration:
A police officer accepts a bribe from a person to overlook a traffic violation. This act falls under Section 171B as the officer, being a public servant, has accepted gratification for forbearing to do an official act (taking action for the traffic violation).
Common Questions and Answers:
Q: What is the definition of “public servant” under this section?
A: It includes any person holding any office in connection with the affairs of the Union or of any State, or any office in any local authority or any body corporate established by law.
Q: What constitutes “gratification”?
A: It can be anything of value, including money, property, favors, or even promises of future benefits.
Q: Can a public servant be punished under this section even if he/she has not actually taken any bribe?
A: Yes, even agreeing to accept a bribe can attract punishment under Section 171B.
