Bharatiya Nyaya Sanhita, 2023
Section 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.
Why this exists
This provision continues a long-standing part of Indian election law, first introduced through the Representation of the People Act and later folded into the Indian Penal Code (as Section 171E) to criminalise bribery aimed at influencing voters. The Bharatiya Nyaya Sanhita, 2023 carries this forward almost unchanged, recognising that free and fair elections require voters to choose candidates without being paid, fed, or entertained into voting a particular way. The lighter punishment for 'treating' reflects a long-held view that offering food or hospitality, while still improper, is less serious than direct cash bribery.
Common misconceptions
- Myth: Offering free food or drinks to voters isn't really 'bribery' since no cash changed hands.
Fact: The law explicitly treats food, drink, entertainment, or similar provision ('treating') as a form of bribery — it's still illegal, though it carries a lighter punishment (fine only, no jail). - Myth: This section covers all kinds of bribery, including bribing government officials.
Fact: This provision is part of the law's chapter on election-related offences and punishes bribery connected to voting, as defined in the preceding section — not general corruption of public servants, which is dealt with under separate anti-corruption laws.