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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

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 173 BNS
Bribery in Elections
 Imprisonment extending to 1 year, or fine, or both (fine only for treating). Bailable Non-Cognizable Magistrate 1st Class Formerly Sec 171E IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

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