Bribery
(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.
Key Points:
Definition of Bribery:
Bribery in this section refers to the act of giving or receiving gratification (which could be money, gifts, or other forms of rewards) to influence someone's electoral rights.
Electoral rights refer to the rights related to voting or candidacy in elections.
Gratification:
Gratification can be anything of value, such as money, gifts, services, or other benefits, used to either influence someone's electoral decision or reward them for exercising their electoral rights.
Key Offences of Bribery:
Giving a bribe (Section 170(1)(i)): If someone provides any gratification to induce a person to vote a certain way, not vote, or even reward them for their voting actions, it is considered bribery.
Receiving a bribe (Section 170(1)(ii)): If a person accepts gratification (either for themselves or on behalf of someone else) for exercising their electoral right or inducing others to do so, they are guilty of bribery.
Exception to Bribery:
Declaration of Public Policy: A public policy declaration or a promise of public action (e.g., promising better roads, schools, etc., during a campaign) is not considered bribery under this section.
This distinction clarifies that political promises of general public benefit during campaigns are legal, while personal bribes for voting behavior are not.
Deeming Provisions:
Offering Gratification (Section 170(2)): Even if the bribe is not directly given, offering or agreeing to give gratification, or attempting to get someone to provide it, will still be considered as giving a bribe.
Receiving Gratification (Section 170(3)): Similarly, if a person seeks to obtain, agrees to accept, or even tries to get gratification, it will be treated as though they received the bribe. Additionally, if someone accepts gratification but does not intend to act on it, or accepts a reward for something they haven't done, it is still considered bribery.
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