Punishment for bribery
Section 173 of the Bharatiya Nyaya Sanhita, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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.
Section 173, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 171E Punishment for bribery Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Bribery. | Imprisonment for 1 year or fine, or both, or if treating only, fine only. | Non-cognizable. | Bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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C.p. Yogeshwara vs State of Karnataka
Decided under Indian Penal Code 171E, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Criminal proceedings for electoral offences cannot be quashed on the ground of limitation alone, as the court possesses statutory power under Section 473 CrPC to extend the limitation period in the interest of justice. However, the trial court must consider the question of limitation before proceeding further against the accused, taking into account the exclusion of the absconding period under Section 470 CrPC and the discretionary power to extend limitation under Section 473 CrPC, after hearing both parties.
On this section: Electoral offence of personation at elections; punishable with imprisonment for a period of one year. The court noted this as one of the offences alleged against the accused.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 173
What have the courts held on Section 173 of the Bharatiya Nyaya Sanhita?
C.p. Yogeshwara vs State of Karnataka (03 Feb 2012) is the leading judgment on this section among those set out below, though it was decided under IPC 171E, which this section replaced -- the court never mentioned this Act: Electoral offence of personation at elections; punishable with imprisonment for a period of one year. The court noted this as one of the offences alleged against the accused.
Is Section 173 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 173 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 173 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 173, section 173 BNS, section 173 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 173(3) and bns 173(4) in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with C.p. Yogeshwara vs State of Karnataka (03 Feb 2012).
What should I read with Section 173 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 171E (Punishment for bribery), so the judgments decided under that provision are the case law on this one.
When did Section 173 of the Bharatiya Nyaya Sanhita come into force?
Section 173 of the Bharatiya Nyaya Sanhita, cited as BNS 173, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
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- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.