Section 172: Bribery

Bharatiya Nyaya Sanhita • Chapter VIII: Of Offences Relating to Elections • Official Statutory Text & Legal Guide

Chapter VIII: Of Offences Relating to Elections
Magistrate 1st Class
Bailable
Non-Cognizable
Formerly Sec 171B IPC

Legal Commentary & Landmark Judgments: Section 172

Section 172 provides the statutory definition of 'Bribery' in elections, establishing that whoever gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right, or as a reward for having exercised it, commits bribery.

  • Gratification Definition: Includes any financial, commercial, or personal advantage, gift, cash, liquor, or promised appointment.
  • Electoral Inducement Object: Given to induce a voter to vote or refrain from voting, or to induce a candidate to stand or withdraw.
  • Public Policy Declaration Exception: Express Exception: a declaration of public policy or a promise of public action is NOT bribery (e.g. party election manifestos promising public infrastructure or welfare schemes).
Key Landmark Precedents:
  • S. Subramaniam Balaji v. State of Tamil Nadu (2013) 9 SCC 659: The Supreme Court held that political party election manifestos promising welfare schemes do not constitute bribery under Section 171B IPC (Section 172 BNS), as they are declarations of public policy covered under the statutory exception.
  • Raj Krushna Bose v. Binod Kanungo (AIR 1954 SC 202): Affirmed that individual voter bribes (cash for votes) strike at the heart of free and fair elections and constitute criminal bribery.
Courtroom Practice & Strategic Litigation Guidance:

In filing criminal complaints against political candidates for distributing cash, liquor, or home appliances during election campaigns, establish personal distribution by campaign agents under Section 172 BNS: distinguish individual bribes from general manifesto promises.