A, who is a candidate for parliamentary election makes a promise to the public of his constituency, of public action, 15 days before the date of `parliamentary election’. Is A guilty of the offence of `bribery’, defined under Section 171B of the I.P.C. Give reasons.

Question: A, who is a candidate for parliamentary election makes a promise to the public of his constituency, of public action, 15 days before the date of 'parliamentary election’. Is A guilty of the offence of 'bribery’, defined under Section 171B of the I.P.C. Give reasons.

Find the answer to the mains question only on Legal Bites. [A, who is a candidate for 'parliamentary election’ makes a promise to the public of his constituency, of public action, 15 days before the date of 'parliamentary election’. Is A guilty of the offence of 'bribery’, defined under Section 171B of the I.P.C. Give reasons.

Answer

Section 171B of IPC deals with the provision for Bribery. It covers

(1) Whoever—

1. gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or
2. accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right; commits the offence of bribery:

Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.

(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.

(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.

In the case of Deepak Ganpatrao Salunke v. Govt of Maharashtra (1999) Cr LJ 1224(Bom) the Bombay High Court held that a statement made by members of a ruling political alliance to the Republican Party of India (RPI) that if it supports the alliance in Parliamentary elections, one of the members of RPI would be made the Deputy Chief Minister of State, did not amount to giving gratification under section 171B of the IPC.

In the present case, A, who is a candidate for 'parliamentary election’ makes a promise to the public of his constituency, of public action, 15 days before the date of 'parliamentary election’ is not liable for the offence committed of ‘Bribery’ under section 170B. The reason being the act does not fall under the category of ‘gratification’ as enshrined under the provision so A has committed no offence.

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Important Mains Questions Series for Judiciary, APO & University Exams

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