Indian Penal Code, 1860
Section 171B
repealedBribery
Whoever: 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 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. A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. 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.
Why this exists
Free and fair elections are central to India's democracy, and vote-buying undermines the idea that each citizen freely chooses their representatives. This provision was added to the IPC as part of a set of election-offence sections (171A–171I) to criminalize corrupt practices around voting, working alongside the Representation of the People Act, 1951, which also treats bribery as a 'corrupt practice' that can void an election result. The law tries to draw a line between legitimate campaign promises (like policy pledges) and illegitimate personal inducements (like cash or gifts).
Common misconceptions
- Myth: Promising free things like laptops or cash schemes in an election campaign speech is bribery under this section.
Fact: The law specifically says a 'declaration of public policy or a promise of public action' is not bribery — only private, individual gratification tied to a specific voter's choice counts. - Myth: You must actually receive money for it to count as bribery.
Fact: The section says even offering, agreeing to give, or attempting to procure a gratification counts as 'giving' a bribe, and agreeing to accept or attempting to obtain one counts as 'accepting' a bribe — the exchange doesn't need to be completed.