BNS Section 173

Section 173 of the Bharatiya Nyaya Sanhita (BNS) deals with the punishment for bribery in the context of elections.
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.

Example:
Vijay offers a sum of money to Rakesh, a traffic police officer to not fine him for overspeeding. Rakesh accepts this sum money. This is an offence punishable under this Section.   

Key Points in BNS-173
 

1. Bribery:
    

   • Bribery refers to the act of offering, giving, receiving, or soliciting something of value as a means to influence the actions of an individual, particularly someone in a position of authority. It is an illegal act aimed at gaining undue advantage or favor.
      

2. Offence of Bribery:
    

   • The law covers the act of committing bribery, which involves both giving and receiving bribes. The offence applies to various scenarios where bribery takes place, regardless of whether it is an attempt to influence a public official or a private person.
      

3. Punishment:
    

   • Imprisonment: A person convicted of bribery can face imprisonment for a term which may extend up to one year. The imprisonment can be of either description, meaning it can be simple or rigorous, depending on the specifics of the case.
      

   • Fine: In addition to or instead of imprisonment, the offender may be subjected to a fine.
      

   • Combination: Both imprisonment and fine can be imposed together or separately, based on the severity of the offence and other circumstances.
      

4. Bribery by Treating:
    

   • Bribery by treating involves offering gifts, meals, or other forms of hospitality to influence someone’s actions. Unlike other forms of bribery, bribery by treating is only punishable by a fine.
      

   • Proviso: The specific provision that treats bribery by treating differently reflects the legal system’s recognition of the distinction between direct bribery and acts of treating.
      

Important Aspects:
 

• Scope of the Law: BNS-173 encompasses all forms of bribery, including both the act of giving and receiving bribes, as well as indirect methods like treating.
   

• Severity: The punishment aims to address the seriousness of bribery while distinguishing between different forms of the offence. Imprisonment and fines serve as deterrents to prevent and penalize corrupt practices.
   

• Focus on Influence: The core element of bribery is the intent to influence someone’s behavior or decisions improperly. The law targets such acts to maintain integrity and fairness in both public and private sectors.

Summary:

BNS-173 addresses the offence of bribery, which involves offering or receiving bribes. The punishment for committing bribery can be up to one year of imprisonment, a fine, or both. However, bribery by treating is punishable only by a fine. This legal provision seeks to deter corrupt practices by imposing penalties on those who engage in bribery to influence others.

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