Question:

Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : Whoever 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 commits the offence of bribery.
Facts: Mr. T, a candidate for elections, decided to visit rural households as part of an election campaign. He visited a household where an elderly man ‘A’ required an immediate but extremely expensive life-saving medical procedure. Mr. T gave money to the family for the operation. While leaving, he drew the family’s attention towards his party’s symbol in light of the upcoming elections. Has Mr. T committed the offence of bribery ?

  • Yes, he has committed the offence of bribery
  • No, he has not committed the offence of bribery. His intentions were noble
  • No, as doing public good outweighs criminal intentions
  • None of the above
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The Correct Option is A

Solution and Explanation

To determine whether Mr. T committed the offense of bribery, we must apply the principle provided to the facts of the case.

Legal Principle: Bribery is committed when a gratification is given to induce or reward an exercise of electoral right.

Facts Analysis:

  • Mr. T had given money to a family for a medical procedure.
  • Before leaving, he pointed out his party's symbol related to the upcoming elections.

Application of Principle:

  1. Giving money can be considered a form of gratification.
  2. His action of highlighting his party's symbol suggests an intention to influence electoral behavior.

Based on the principle, the act of linking the financial aid to the potential exercise of voting rights means Mr. T's actions can be construed as attempting to induce the family to vote in his favor.

Conclusion: Mr. T has committed the offense of bribery as he gave financial assistance with the indirect intention of influencing electoral rights by promoting his party.

The correct answer is: Yes, he has committed the offence of bribery.

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