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Showing contexts for: bribery in State By Hirebagewadi Police Station vs Sanjay Balaso Patil on 29 April, 2022Matching Fragments
20. Now, on analyzing the overall evidence of the prosecution, though, it is alleged that the accused persons were in possession of India and Foreign currency notes in Scorpio Car bearing registration No. KA-22-MG-4141, it is not the case of the prosecution that they have distributed the same to the voters in the locality, nor it is their case that the accursed were trying to distribute the same to the voters. Even, though the official witnesses PW-4, PW-6 and PW-7 have deposed in terms of the case of the prosecution, the same will not amount to an offences under section 171 (E) and section 171(H) of IPC. Further, more the very case of the prosecution is that the amount alleged to be possessed in the car is not exceeding Rs.50,000/-. Even, the evidence of the officials is that the accused had not distributed the money but they were suspecting that the accused persons will distribute. section 171(E) speaks about punishment for Bribery and section 171(B) says what is Bribery which reads as follows:
Section 171(B). Bribery.-
(1) Whoever--
(i) 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
(ii) 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.
Section 171(E) - 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".