Section 170 defines the offence of bribery in connection with an election as either giving a gratification to induce or reward the exercise of an electoral right, or accepting a gratification as a reward or inducement for the exercise of such a right, subject to a proviso for genuine declarations of public policy or promises of public action. This section defines the offence only; its punishment is separately set out in Section 173.
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 170 to old IPC Section 171B, and cross-checked directly against the bare text of both Acts.
| BNS section | IPC, 1860 equivalent | Category |
|---|---|---|
| 170 | 171B | Exact |
Comparing the two texts word for word, Section 170 is reproduced without any change from old IPC Section 171B.
(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: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
Bribery under this section covers both sides of the transaction: giving a gratification to induce or reward the exercise of an electoral right, and accepting a gratification as such a reward or inducement. The statute's own proviso protects a genuine declaration of public policy or a promise of public action — for instance, a candidate's manifesto promise — from being swept into the offence merely because it might influence how people vote.
This item extends "giving" a gratification to also cover merely offering it, agreeing to give it, or attempting to procure it for someone else — so the offence is not defeated simply because the gratification was never actually handed over.
This item mirrors item (2) from the recipient's side: obtaining, agreeing to accept, or attempting to obtain a gratification is deemed to be accepting it. It also clarifies that accepting a gratification as a motive for something the recipient never actually intends to do, or as a reward for something the recipient has not actually done, is still deemed acceptance as a reward — closing off the argument that no real exchange took place.
This section only defines the offence of bribery. Its punishment is separately set out in Section 173.
No. Merely offering, agreeing to give, or attempting to procure a gratification is deemed to be giving one; similarly, obtaining, agreeing to accept, or attempting to obtain a gratification is deemed to be accepting one.
The statute's own proviso excludes a declaration of public policy or a promise of public action from being an offence under this section.