Bharatiya Nyaya Sanhita, 2023 — Section 173

Punishment for Bribery

Section 173 punishes the offence of bribery (defined in Section 170) with imprisonment up to one year, or fine, or both, except that bribery by "treating" — giving a gratification in the form of food, drink, entertainment, or provision — is punished with fine only.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 173 to old IPC Section 171E, and cross-checked directly against the bare text of both Acts.

BNS section	IPC, 1860 equivalent	Category
173	171E	Exact

Comparing the two texts word for word, Section 173 is reproduced without any change from old IPC Section 171E.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 1 year or fine, or both, or if treating only, fine only — non-cognizable, bailable, and triable by a Magistrate of the first class. Not compoundable: Section 173 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “Magistrate of the first class” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

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: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Punishment for bribery, with a lighter fine-only tier for "treating"

Explanation (Lexovia's Commentary)

This section supplies the punishment for the offence of bribery defined in Section 170. The general punishment is imprisonment up to one year, or fine, or both. The statute's own proviso and Explanation carve out a lighter, fine-only punishment specifically for "treating" — bribery where the gratification takes the form of food, drink, entertainment, or provision, rather than cash or other tangible reward.

Illustration (Lexovia's Own Example)

A candidate's supporter hosts a free meal for voters in exchange for their votes. Because the gratification here is food, this falls within the statute's own definition of "treating" and is punishable with fine only, rather than the general imprisonment-or-fine punishment that would apply to bribery involving cash.

Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

What is the general punishment for bribery under this section?

Imprisonment up to one year, or fine, or both.

What is "treating," and how is it punished differently?

"Treating" is bribery where the gratification consists in food, drink, entertainment, or provision. It is punished with fine only, rather than the general imprisonment-or-fine punishment.

Does this section define the offence of bribery itself?

No. The offence itself is defined in Section 170; this section only supplies the punishment.