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Section 173: Bribery in Elections

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 171E IPC
Section 172 All 358 Sections of Bharatiya Nyaya Sanhita Section 174

Legal Commentary & Landmark Judgments: Section 173

Section 173 provides the punishment for bribery in elections, prescribing imprisonment of either description for a term which may extend to one year, or fine, or both, with an exception for treating.

  • One-Year Custodial Scale: Punishable with imprisonment up to one year, or fine, or both.
  • Treating Exception: Provided that bribery by treating (providing food, drink, or entertainment) shall be punished with fine only.
  • Democratic Process Safeguard: Enforces penal accountability against corrupt campaign financing and vote purchasing (formerly Section 171E IPC).
Key Landmark Precedents:
  • Mohan Rawale v. Shivaji Rao Dhangade (1994) 2 SCC 392: The Supreme Court affirmed that electoral bribery under Section 171E IPC (Section 173 BNS) requires proof beyond reasonable doubt, on parity with a criminal trial.
  • Kanhiya Lal Omar v. R.K. Trivedi (1985) 4 SCC 628: Highlighted Election Commission and police duties to prosecute corrupt campaign expenditures under penal provisions.
Courtroom Practice & Strategic Litigation Guidance:

In prosecuting electoral bribery, produce flying squad cash seizure memos, videography logs, and voter witness statements: Section 173 BNS convictions trigger automatic disqualification of the candidate under the Representation of the People Act, 1951.

Section 172 All 358 Sections of Bharatiya Nyaya Sanhita Section 174