Section 170 BNS: Bribery
Bharatiya Nyaya Sanhita, 2023
Section 170 BNS at a Glance
Section 170 BNS deals with bribery. It replaced Section 171B IPC on 1 July 2024.
None of its own. Section 170 BNS only defines bribery. The punishment is set by Section 173 BNS.
Section 170 BNS Bare Act Text
(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.
Source: Section 170, Bharatiya Nyaya Sanhita, 2023
Section 170 BNS in the IPC (Previous Law)
Section 170 BNS replaced Section 171B IPC from 1 July 2024.
Each sub-section below names its own source.
FAQs on Section 170 BNS
What conduct is covered under Section 170 BNS?▼
It covers giving, offering, agreeing to give, or attempting to procure any gratification to induce a person to exercise an electoral right or to reward them for having exercised it. It also covers accepting, obtaining, agreeing to accept, or attempting to obtain such gratification.
Under Section 170 BNS, is giving a small gift during elections also covered?▼
Yes, if the gift or benefit is given with the object of inducing how a person exercises an electoral right, or as a reward for having exercised it, it falls within this section. The value of the benefit is not the only issue.
Is a promise of public policy or public action an offence under Section 170 BNS?▼
No. The proviso to Section 170(1) BNS states that a declaration of public policy or a promise of public action is not an offence under this section.
What replaced Section 171B IPC in the BNS?▼
Section 170 of the Bharatiya Nyaya Sanhita (BNS), 2023 is the current provision that defines bribery at elections. The punishment for this offence is provided in Section 173 BNS.
What is bribery in elections under Section 170 BNS?▼
Section 170 BNS makes it bribery to give gratification to induce someone to exercise an electoral right, or to reward someone for having exercised that right. It also covers a person who accepts gratification for exercising that right or for inducing another person to do so. A mere declaration of public policy or promise of public action is not an offence under this section.
Under Section 170 BNS, does just offering money or a gift for a vote count as bribery?▼
Yes. Under Section 170 BNS, a person who offers, agrees to give, or offers or attempts to procure a gratification is treated as giving gratification. So the offence can apply even if the gratification is only offered or arranged and not actually handed over.
What has to be shown to prove an offence under Section 170 BNS?▼
The key thing is the object or reward connected with an electoral right. The act text requires that the gratification must be given to induce the exercise of that right, or given or accepted as a reward for having exercised it. If the allegation is only about a public policy statement or promise of public action, the section itself says that is not an offence.
What should I do if someone offered me money or a gift for my vote, or if I am accused under Section 170 BNS?▼
You should preserve any messages, recordings, payment details, or names of witnesses and make a complaint to the police or the election authorities. If you are accused, keep all documents and communications that show what actually happened and get legal advice quickly. Section 170 BNS does not state the punishment.
What does Section 170(2) of the BNS mean in election bribery cases?▼
It means even an offer or agreement to give a gratification can count as giving it. The section also covers offering or attempting to procure a gratification. So actual payment is not necessary if the act falls within this deeming rule.
Under Section 170(2) BNS, can I be booked for election bribery even if no money was actually handed over?▼
Yes. Section 170(2) BNS says a person who offers, agrees to give, or offers or attempts to procure a gratification is deemed to give a gratification. That means the law can treat the offer itself as giving.
What has to be shown for Section 170(2) BNS to apply in a bribery case?▼
It must be shown that the person offered, agreed to give, or offered or attempted to procure a gratification. Under Section 170(1) BNS, that gratification must be with the object of inducing a person or another person to exercise an electoral right, or as a reward for having exercised that right. A mere declaration of public policy or promise of public action is excluded by the proviso.
Does Section 170(2) BNS apply if someone only offers or tries to arrange a gratification through another person?▼
Yes. Section 170(2) BNS explicitly covers a person who offers or attempts to procure a gratification, not only someone who offers or agrees to give it directly. Section 170(2) BNS is a deeming rule and does not prescribe a punishment of its own.
What does Section 170(3) BNS mean in a bribery case?▼
Section 170(3) BNS says a person is treated as having accepted gratification even if he only obtains it, agrees to accept it, or attempts to obtain it. It also says that if someone takes gratification as a motive for doing something he does not intend to do, or as a reward for something he has not done, the law still treats it as accepted as a reward.
Do I have to actually receive election bribe money to be liable under Section 170(3) BNS?▼
No. Under Section 170(3) BNS, even agreeing to accept gratification or attempting to obtain it is treated as accepting gratification. Actual receipt is not the only way this part can apply.
What has to be shown to prove bribery under Section 170 BNS in an election matter?▼
The law links bribery to gratification connected with exercising an electoral right or inducing another person to exercise that right. Under Section 170(3) BNS, it can also be enough to show that a person obtained, agreed to accept, or attempted to obtain gratification, or accepted it for something he did not intend to do or had not done.
What punishment is given for bribery under Section 170(3) BNS?▼
Section 170(3) BNS defines when a person is deemed to accept gratification and does not set out the punishment itself. The punishment for bribery at an election is provided in Section 173 BNS.
Section 170 BNS: Sub-sections Explained
Section 170 BNS: Bribery
▶
Bare Act Text
(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.
Explained in Simple Words
Section 170 of the Bharatiya Nyaya Sanhita (BNS) deals with bribery in the context of elections. It applies when a person gives, offers, agrees to give, or attempts to procure any gratification to induce a person to exercise an electoral right, or to reward a person for having exercised such a right. It also covers accepting, obtaining, agreeing to accept, or attempting to obtain such gratification, whether for oneself or for another person.
If money, gifts, or any other gratification are used to sway a voter or candidate, the law treats it as bribery, even if a person accepts a gratification as a motive for doing what they do not intend to do. However, a declaration of public policy or a promise of public action is not an offence under this section. In simple terms, the law aims to stop vote-buying and protect the fairness of the democratic process.
Key Ingredients
- Giving or accepting a gratification in relation to the exercise of an electoral right
- The proviso that a declaration of public policy or a promise of public action is not an offence
- The deeming rules for offering and for obtaining a gratification
Punishment
🔒 None of its own. Section 170 BNS only defines bribery. The punishment is set by Section 173 BNS.
💰 None of its own. Any fine is set by Section 173 BNS.
Section 170 BNS defines bribery at elections and carries no punishment, bail position, or trial court of its own. Bribery is punished under Section 173 BNS.
Real-World Example
When This Does Not Apply
- The only thing offered is a declaration of public policy or a promise of public action
- Nothing is given, offered, agreed to be given, obtained, accepted or attempted to be obtained as a gratification
- The gratification has no connection with the exercise of an electoral right or with inducing another person to exercise it
- The question is what punishment applies, which is set by Section 173 BNS
Previous Law
IPC 171B → Section 170 BNS
Section 171B IPC is now Section 170 BNS, with the same heading and the same words, including the proviso and the two deeming rules.
Section 170(1) BNS: Bribery
▶
Bare Act Text
(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.
Explained in Simple Words
Section 170 of the Bharatiya Nyaya Sanhita (BNS) defines the offence of bribery in elections. It applies to anyone who gives or accepts a gratification linked to an electoral right. Under sub-section (1), a person commits bribery by giving a gratification to induce any person to exercise an electoral right, or to reward any person for having exercised it. A person also commits bribery by accepting a gratification, for themselves or another person, as a reward for exercising an electoral right or for inducing or attempting to induce someone else to exercise that right.
Sub-sections (2) and (3) expand what counts as giving and accepting. Offering, agreeing to give, or offering or attempting to procure a gratification is deemed to be giving it. Obtaining, agreeing to accept, or attempting to obtain a gratification is deemed to be accepting it, even as a motive for doing what one does not intend to do or as a reward for what one has not done.
This section only defines bribery and prescribes no punishment itself. By its proviso, a declaration of public policy or a promise of public action is not an offence under this section.
Key Ingredients
- Giving gratification to induce a person or another person to exercise an electoral right, or as a reward for having exercised an electoral right
- Accepting gratification for oneself or another as a reward for exercising an electoral right
- Accepting gratification for inducing or attempting to induce another person to exercise an electoral right
- An offer, agreement to give, or offer or attempt to procure gratification is deemed giving, and obtaining, agreeing to accept, or attempting to obtain gratification is deemed accepting
- The act is not merely a declaration of public policy or a promise of public action
Punishment
🔒 None prescribed by this section.
💰 None prescribed by this section.
Section 170 BNS defines election bribery and does not prescribe any punishment of its own.
Real-World Example
When This Does Not Apply
- A candidate publicly promises better roads, water supply and bus services if elected, because a declaration of public policy or a promise of public action is excluded
- A person merely expresses support for a candidate and asks neighbours to vote, without giving or accepting any gratification
- A volunteer offers free transport to all voters in the area without any reward, inducement or payment linked to how electoral rights are exercised
- Someone pays money for a non-election purpose, with no object of inducing any person to exercise an electoral right and no reward for having exercised it
Section 170(2) BNS: Bribery
▶
Bare Act Text
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.
Explained in Simple Words
Section 170(2) of the Bharatiya Nyaya Sanhita (BNS) sets out a deeming rule for the giver's side of election bribery. It applies to any person who offers a gratification, agrees to give a gratification, or offers or attempts to procure a gratification. Under this sub-section, doing any of those acts is legally deemed to be giving a gratification for the purpose of the offence of bribery defined in Section 170(1) BNS.
Because of this rule, the prosecution does not need to prove that money or any other gratification actually changed hands. An unaccepted offer to pay a voter, an agreement to provide a benefit later, or an effort to arrange funds from someone else is treated the same as handing over the gratification, provided it is linked to inducing or rewarding the exercise of an electoral right under Section 170(1) BNS.
Section 170(2) BNS is an explanatory deeming provision and prescribes no punishment of its own. Under the proviso to Section 170(1) BNS, a declaration of public policy or a promise of public action is not an offence under this section.
Key Ingredients
- A person offers a gratification, or agrees to give a gratification
- Or the person offers or attempts to procure a gratification
- The gratification is linked to inducing any person to exercise an electoral right or rewarding any person for having exercised such a right under Section 170(1) BNS
Punishment
🔒 None prescribed by this sub-section.
💰 None prescribed by this sub-section.
Section 170(2) BNS states when a person is deemed to give a gratification and prescribes no punishment of its own.
Real-World Example
When This Does Not Apply
- A party leader publicly announces a policy promise or future public action to voters, without offering personal gratification
- A person merely expresses support for a candidate or requests votes, without giving, offering, obtaining, or accepting gratification
- Money is given for a purpose unrelated to inducing, rewarding, or influencing the exercise of an electoral right
- A person claims he will influence voting but there is no gratification given, offered, obtained, agreed, or attempted
Section 170(3) BNS: Bribery
▶
Bare Act Text
(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.
Explained in Simple Words
Section 170(3) of the Bharatiya Nyaya Sanhita (BNS) sets out the deeming rules for when a person is treated as accepting a gratification in an election bribery case. It applies to anyone who obtains, agrees to accept, or attempts to obtain a gratification, as well as anyone who accepts a gratification as a motive or reward in the circumstances described by the sub-section.
The sub-section contains two rules. First, a person who obtains, agrees to accept, or attempts to obtain a gratification is deemed to accept a gratification, so actual receipt of the benefit is not required. Second, a person who accepts a gratification as a motive for doing what they do not intend to do, or as a reward for doing what they have not done, is still deemed to have accepted the gratification as a reward for the purpose of Section 170(1) BNS.
This means a voter or intermediary cannot escape the definition by claiming they never intended to vote as promised or never actually did the act. Section 170(3) BNS is a deeming provision and prescribes no punishment of its own.
Key Ingredients
- Obtaining, agreeing to accept, or attempting to obtain a gratification is deemed accepting a gratification
- Accepting a gratification as a motive for doing what the person does not intend to do, or as a reward for doing what the person has not done, is deemed accepting it as a reward
- The gratification relates to exercising an electoral right, or inducing or attempting to induce another person to exercise an electoral right, under Section 170(1) BNS
Punishment
🔒 None prescribed by this sub-section.
💰 None prescribed by this sub-section.
Section 170(3) BNS states when a person is deemed to accept a gratification or accept it as a reward and prescribes no punishment of its own.
Real-World Example
When This Does Not Apply
- A candidate publicly promises better roads, water supply or welfare measures if elected, because a declaration of public policy or a promise of public action is not an offence under this section
- A volunteer urges neighbours to vote for a candidate without giving or accepting any gratification
- A person pays a lawful taxi fare to travel to a polling booth, without any object of inducing how someone should exercise an electoral right
- A person accepts money for some unrelated private work, not as a reward for exercising an electoral right and not for inducing anyone else to exercise such right
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·