Legal Provisions of Section 171E of Indian Penal Code, 1860.
Punishment for bribery:
This section prescribes punishment for the offence of bribery defined under section 171-B. The punishment prescribed is simple or rigorous imprisonment for a term extending up to one year, or fine, or both. The proviso clause under this section states that bribery by treating shall be punished with fine only, while the explanation given under this section says that ‘treating’ means that form of bribery where the gratification consists in food, drink, entertainment, or provision. The section, therefore, recognises that it is not always necessary that the gratification has to be pecuniary. Bribery by treating has been dealt with leniently.
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ADVERTISEMENTS:
In Court on its Own Motion v. Union of India, the Punjab and Haryana High Court held that when the Election Commissioner without assigning any reasons directed the Chief Minister of Haryana to return to headquarter it amounts to restraining him from exercising his franchise at the place where he has been registered as a voter since the direction was to stay at the headquarter.
The Election Commissioner should have stated the reasons which prompted him to issue such a direction. Law does not authorise any authority, however high it may be, to pass verbal orders. The orders must be in writing and specific and the grounds for such orders must be stated. This is a basic rule of law. An aggrieved person is free to launch a prosecution in this matter in accordance with law in a competent court.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first class.
