Section 173 BNS: Punishment for bribery

Bharatiya Nyaya Sanhita, 2023

Section 173 BNS at a Glance

Section 173 BNS deals with punishment for bribery. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 171E IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to one year. Not available where the bribery is by treating.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 171E →

Section 173 BNS Bare Act Text

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.

Source: Section 173, Bharatiya Nyaya Sanhita, 2023

Section 173 BNS in Simple Words

Section 173 of the Bharatiya Nyaya Sanhita (BNS) sets out the punishment for committing the offence of bribery at an election, which is defined in Section 170 BNS. Anyone who commits bribery is punishable with imprisonment of either description for a term up to one year, or with fine, or with both.

The section makes an important exception in its proviso for bribery by treating. Where the bribery takes the form of treating, meaning that the gratification consists of food, drink, entertainment, or provision, the offender can be punished with fine only and cannot be sentenced to imprisonment.

In practice, this provision distinguishes between cash or other corrupt rewards, which can attract up to one year in prison as well as a fine, and supplying food, drink, or entertainment to influence voters, which is punishable only with a fine.

Ingredients of Section 173 BNS

  • The offence of bribery
  • Bribery by treating, where the gratification consists in food, drink, entertainment or provision, which is punished with fine only

Punishment Under Section 173 BNS

Imprisonment

Imprisonment of either description for up to one year. Not available where the bribery is by treating.

Fine

Fine alone, or with imprisonment. Where the bribery is by treating, only a fine can be imposed. The section fixes no amount.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Bribery carries imprisonment of up to one year, or fine, or both. Bribery by treating carries fine only.

Example of Section 173 BNS

A candidate gives a voter money so that the voter will vote for him. This is the offence of bribery under Section 170 BNS, and Section 173 BNS punishes it with imprisonment of up to one year, or fine, or both. Had the candidate instead given the voters a dinner for the same purpose, the bribery would be bribery by treating, and the punishment would be fine only.

When Section 173 BNS Does Not Apply

  • The act is not the offence of bribery as Section 170 BNS defines it
  • The act is undue influence or personation at an election, which Section 174 BNS punishes
  • The bribery is by treating, so the court can impose a fine only and not imprisonment

Section 173 BNS in the IPC (Previous Law)

Section 173 BNS replaces Section 171E IPC from the old criminal code.

Section 171E IPC is now Section 173 BNS, with the same title, the same words, the same proviso and the same Explanation, and the same punishment.

View IPC Section 171E →

FAQs on Section 173 BNS

What is the punishment for bribery under Section 173 BNS?▼

Section 173 BNS prescribes imprisonment of either description for a term up to one year, or fine, or both, for committing the offence of bribery. However, if the bribery is by treating, the punishment is fine only.

What does 'treating' mean under Section 173 BNS?▼

Under the Explanation to Section 173 BNS, treating means that form of bribery where the gratification consists in food, drink, entertainment, or provision.

Under Section 173 BNS, can a person be sent to prison for bribery by treating?▼

No. The proviso to Section 173 BNS expressly states that bribery by treating shall be punished with fine only.

Does Section 173 BNS punish only the person who gives the bribe?▼

No. Both the giver and the receiver of a bribe commit the offence of bribery as defined in Section 170 BNS, and both are punishable under Section 173 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·