The criminal justice system in India witnessed a historic overhaul with the enforcement of the Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code (IPC) on July 1, 2024, alongside two other key legislations — Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), replacing the CrPC and Indian Evidence Act respectively. These new laws aim to create a more efficient, transparent and accountable justice system .

Among the revamped provisions, Section 173 BNS plays a pivotal role in addressing bribery — a long-standing issue affecting public integrity. While retaining the essence of earlier laws, this section brings clarity and precision, especially by defining forms of indirect bribery such as “treating.” Understanding Section 173 of BNS is essential to grasp how the modern legal framework combats corruption and upholds fairness in public and electoral processes . Explore other important Judiciary Notes.

Section 173 BNS

Punishment for bribery

"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: Provided that bribery by treating shall be punished with fine only.

Explanation.—“Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision." 

Note:  " The information provided above has been sourced from the official website i.e. Indian Code . While the content has been presented here for reference no modifications have been made to the original laws and orders " 

Section 173 of BNS establishes that engaging in bribery is a punishable offense. The section prescribes:

• General Punishment: An individual found guilty of bribery may face imprisonment for up to one year, a fine, or both.
• Bribery by Treating: If the bribery involves "treating," defined as offering gratification in the form of food, drink, entertainment, or provision, the punishment is limited to a fine.

The difference acknowledges varying degrees of bribery by assigning appropriate penalties based on the nature of the act.

Section 173 BNS : Essential Elements

To constitute an offense under Section 173 of BNS the following elements must be there while committing the crime :

• Act of Bribery: The individual must engage in bribery, which involves offering, giving, receiving, or soliciting something of value to influence actions, particularly those of public officials.
• Intent: There must be an intention to induce or reward improper performance of a public function or activity.

Gratification: The gratification can be monetary or non-monetary, including gifts, favors or entertainment.

Section 173 of BNS aims to deter corrupt practices by imposing legal consequences on those who are engaged in bribery . Its scope shows various kinds of bribery by recognizing both direct monetary exchanges and indirect forms like "treating ." By defining and penalizing these acts the provision seeks to maintain the integrity of public and electoral processes so that decisions and actions are made without undue influence .

Section 173 BNS Comparison with Previous IPC Section

Section 173 of BNS corresponds to Section 171E of the Indian Penal Code (IPC), 1860. The table below outlines the similarities and differences between the two provisions:

The primary distinction lies in the explicit definition of "treating" in Section 173 of BNS, providing greater clarity on what constitutes this form of bribery.

Section 173 BNS: Judicial Interpretation

While specific judicial interpretations of Section 173 of BNS are limited due to its recent enactment, courts have historically emphasized the importance of intent and the nature of gratification in bribery cases under the IPC. Judicial precedents have underscored that even non-monetary forms of gratification like lavish hospitality or entertainment intended to influence comes within the ambit of bribery. It is anticipated that similar interpretations will apply to Section 173 BNS given the continuity in legal principles governing bribery offenses.

Conclusion

Section 173 of the Bharatiya Nyaya Sanhita serves as a critical legal provision in combating bribery within India. By clearly defining the offense, describing penalties and distinguishing between different forms of bribery including "treating " it aims to uphold the integrity of public functions and electoral processes . The definition of "treating " enhances legal clarity so that individuals understand the breadth of actions constituting bribery. As the legal system continues to evolve, Section 173 BNS stands as a testament to India's commitment to eradicating corruption and promoting transparency in governance.

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