Introduction  

Chapter IXA Section 171 B of IPC Defines Bribery: Offences Relating to Elections. As per Section 171B a person is said to commit bribery when he/she gives gratification to someone with the object of inducing such person with regards to practicing his/her electoral right, or as a reward, after such person has exercised his/ her electoral right after being induced. The person taking such bribe and being induced into practicing his/her electoral right differently is also guilty of the offence of bribery. 

Bribery

‘Bribery’ is the most corrupt practice. The corrupt practice of bribery is committed not only by a person who provides gratification but also by the person who accepts such gratification.   

The receipt of, or any agreement to receive, any gratification, whether as a motive or a reward, by a person for standing or not standing as a candidate or for withdrawing or not withdrawing his candidature or for voting or refraining from voting also amounts to a corrupt practice. 

A gratification to constitute bribery may not necessarily be restricted to pecuniary (in form of money) gratifications. It includes all forms of entertainment and all forms of employment for reward. 

Section 171B: Bribery 

This section 171B defines the offence of bribery at an election the punishment of which has been provided under section 170-E. 

The section vide clause (1) (i) says that 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, commits the offence of bribery. According to this sub-clause one way of committing bribery is by giving gratification. 

The object of the giver must be either to induce a person to exercise an electoral right or of rewarding him for having already exercised such right. 

clause (1) (ii) wherein it has been said that whoever accepts any gratification, either for himself or for any other person, 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. 

The second way of committing bribery is by accepting gratification. So, bribery under this section is possible either by giving gratification as stated under the first part of the first clause or by accepting gratification as stated by the second part of the first clause. 

There is a proviso clause as well which clarifies that a declaration of public policy or a promise of public action shall not be an offence under this section. 

According to the second clause of 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. 

In other words, a gratification is deemed to have been given in any of the four cases, viz., where a person offers gratification, or where he agrees to give gratification, or where he offers to procure gratification, or where he attempts to procure gratification. 

The second clause, therefore, further explains ‘bribery by giving gratification’ which has been explained in clause (1) (i) of this section. 

The third clause of this section further explains ‘bribery by accepting gratification’ which has been explained in clause (1) (ii) of this section. 

According to the third clause, 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 something which he has no intention to do, or as a reward for doing something which he has not done, shall be deemed to have accepted the gratification as a reward. 

T. N. Angami V. Smt. Ravolueu, AIR 1972 SC 

The court held that the promise not made to a particular voter or voters but to the general body of voters without distinguishing between those who were favorably inclined and those who were not is not a corrupt practice. 

Deepak Ganpatrao Salunke v. Government of Maharashtra. 

The Bombay High Court held that statements made by a member of ruling political alliance to a political party that if it supported the alliance in the parliamentary elections one member of that party would be made the deputy Chief minister, does not amount to giving offer to any individual with respect to exercising his electoral right in a particular manner and cannot be called as giving gratification under section 171-B of the Code. 

In Iqbal Singh v. Gurdas Singh, AIR 1976 SC 

The appellant filed an election petition alleging of invalid votes, the distribution to Harijans of large sums of money for construction of Dharamshalas, and the issue of a large number of gun licenses, as gratification for inducing voters to vote for the respondent. 

And that is the corrupt practice of bribery under S. 123(1) of the Representation of the People Act, 1951.  

The court held that the term ‘gratification’ should be deemed to refer only to cases where a gift is made of something which gives a material advantage to the recipient. 

A gun license gives no material advantage to the recipient. It might gratify the recipient sense of importance if he has a gun license in a village where nobody else has a gun licence. 

Section 171 E "Punishment  

It is non-Cognizable. 

It is a Bailable offence. 

It is tried in the court of Magistrate First Class. 

According to section 171E of Indian penal code, 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;