Bribery, under the Indian Penal Code, 1860, includes which of the foll

Bribery, under the Indian Penal Code, 1860, includes which of the following?

  • 1. Giving a gratification to any person with the object of inducing him to exercise any electoral right or rewarding any person for having exercised any such right
  • 2. Making of a declaration of public policy or making of a promise of public action
  • 3. Giving or accepting a treat in the form of food, drink or entertainment

Select the correct answer using the code given below.

1 and 2
1 and 3
3 only
2 and 3
This question was previously asked in
UPSC CISF-AC-EXE – 2024
The correct answer is B as bribery under the Indian Penal Code, 1860, in the context of elections, includes giving gratification to influence voting rights and giving/accepting treats as a form of gratification, but excludes declarations of public policy or promises of public action.
– Bribery in the context of elections is defined in Section 171B of the IPC (Chapter IXA).
– Statement 1: Section 171B(1)(i) explicitly defines bribery as giving gratification to induce the exercise of an electoral right or rewarding someone for having exercised it. This is correct.
– Statement 2: Explanation to Section 171C (Undue Influence at Elections) states that “A declaration of public policy or a promise of public action… shall not be deemed to be interference [undue influence]”. These are considered legitimate actions by candidates or parties and are expressly excluded from the definition of undue influence and by implication, not considered bribery under this chapter either. This statement is incorrect as part of the definition of bribery.
– Statement 3: Explanation 1 to Section 171B clarifies that “Gratification is not limited to pecuniary gratifications… and it extends to all forms of entertainment…”. Giving or accepting a treat (food, drink, entertainment) with the object of influencing an electoral right constitutes giving or receiving gratification, and thus falls under the definition of bribery. This is correct.
Chapter IXA of the IPC deals specifically with offences relating to elections, including bribery, undue influence, personation, false statements, illegal payments, etc. The definition of bribery here is specific to electoral contexts. Gratification is broadly defined to cover anything valuable or beneficial, not just money, when given or received to influence voting behaviour.