This section defines what counts as bribery in elections.

This section only sets the punishment. The actual definition of election bribery is given in a separate provision (Section 171B) of the same chapter.

The punishment must always include both jail time and a fine.

The law allows courts to choose imprisonment, a fine, or both, depending on the circumstances of the case.

Indian Penal Code, 1860

Section 171E

repealed

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;§

Why this exists

This section is part of Chapter IXA of the Indian Penal Code, titled 'Offences Relating to Elections,' added in 1920 to protect the integrity of elections in India. Bribery undermines free and fair voting by letting money or favors influence electoral outcomes instead of genuine voter choice. Section 171E provides the specific punishment for the offence of bribery that is defined in Section 171B, ensuring that corrupt electoral practices carry real legal consequences.

How courts read it

Courts have generally treated this as a straightforward sentencing provision tied to the definition of bribery in Section 171B. Judicial discussion has focused more on what constitutes 'bribery' under 171B (such as gifts, offers, or promises of gratification to induce voting behavior) rather than on this punishment clause itself, since 171E simply prescribes the penalty once bribery is proven.

Common misconceptions

Myth: This section defines what counts as bribery in elections.
Fact: This section only sets the punishment. The actual definition of election bribery is given in a separate provision (Section 171B) of the same chapter.
Myth: The punishment must always include both jail time and a fine.
Fact: The law allows courts to choose imprisonment, a fine, or both, depending on the circumstances of the case.