CHAPTER I.
CORRUPT PRACTICES
123. Corrupt practices.—The following shall be deemed to be corrupt practices for the purposes of
this Act:—
3
[(1) “Bribery” that is to say—
(A) any gift, offer or promise by a candidate or his agent or by any other person with the
consent of a candidate or his election agent of any gratification, to any person whomsoever, with
the object, directly or indirectly of inducing—
(a) a person to stand or not to stand as, or 4
[to withdraw or not to withdraw] from being a
candidate at an election, or
(b) an elector to vote or refrain from voting at an election, or as a reward to—
(i) a person for having so stood or not stood, or for 5
[having withdrawn or not having
withdrawn] his candidature; or
(ii) an elector for having voted or refrained from voting;
(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a
reward—
(a) by a person for standing or not standing as, or for 6
[withdrawing or not withdrawing]
from being, a candidate; or
(b) by any person whomsoever for himself or any other person for voting or refraining
from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or
any candidate 3
[to withdraw or not to withdraw] his candidature.
Explanation.—For the purposes of this clause the term “gratification” is not restricted to
pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment
and all forms of employment for reward but it does not include the payment of any expenses
bona fide incurred at, or for the purpose of, any election and duly entered in the account of election
expenses referred to in section 78.]
(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the
part of the candidate or his agent, or of any other person 7
[with the consent of the candidate or his
election agent], with the free exercise of any electoral right:
Provided that—
(a) without prejudice to the generality of the provisions of this clause any such person as is
referred to therein who—
(i) threatens any candidate or any elector, or any person in whom a candidate or an
elector is interested, with injury of any kind including social ostracism and ex-communication
or expulsion from any caste or community; or
1. Subs. by Act 27 of 1956, s. 65, for the heading “CORRUPT AND ILLEGAL PRACTICES AND ELECTROAL OFFENCES”
(w.e.f. 28-8-1956).
2. Subs. by s. 66, ibid., for the heading Chapter I and II (w.e.f. 28-8-1956).
3. Subs. by Act 58 of 1958, s. 36, for clause (1) (w.e.f. 30-12-1958).
4. Subs. by Act 47 of 1966, s. 53, for “to withdraw” (w.e.f. 14-12-1966).
5. Subs. by s. 53, ibid., for “having withdrawn” (w.e.f. 14-12-1966).
6. Subs. by s. 53, ibid., for “withdrawing” (w.e.f. 14-12-1966).
7. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958).
50
(ii) induces or attempts to induce a candidate or an elector to believe that he, or any
person in whom he is interested, will become or will be rendered an object of divine
displeasure or spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within
the meaning of this clause;
(b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal
right without intent to interfere with an electoral right, shall not be deemed to be interference within
the meaning of this clause.
1
[(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or
his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste,
community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national
symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the
election of that candidate or for prejudicially affecting the election of any candidate:
2
[Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious
symbol or a national symbol for the purposes of this clause.]
(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes
of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his
agent or any other person with the consent of a candidate or his election agent for the furtherance of the
prospects of the election of that candidate or for prejudicially affecting the election of any candidate.]
3
[(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or
his agent or any other person with the consent of the candidate or his election agent for the furtherance of
the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
Explanation.—For the purposes of this clause, “sati” and “glorification” in relation to sati shall
have the meanings respectively assigned to them in the Commission of Sati (Prevention)
Act, 1987 (3 of 1988)].
(4) The publication by a candidate or his agent or by any other person 4
[with the consent of a
candidate or his election agent], of any statement of fact which is false, and which he either believes to be
false or does not believe to be true, in relation to the personal character or conduct of any candidate or in
relation to the candidature, or withdrawal, 5*** of any candidate, being a statement reasonably calculated
to prejudice the prospects of that candidate’s election.
(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessle by a candidate
or his agent or by any other person 4
[with the consent of a candidate or his election agent] 6
[or the use of
such vehicle or vessel for the free conveyance] of any elector (other than the candidate himself the
members of his family or his agent) to or from any polling station provided under section 25 or a place
fixed under sub-section (1) of section 29 for the poll:
Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs
for the pupose of conveying him or them to and from any such polling station or place fixed for the poll
shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle
or vessel not propelled by mechanical power:
Provided further that the use of any public transport vehicle or vessel or any tramcar or railway
carriage by any elector at his own cost for the purpose of going to or coming from any such polling
station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.
1. Subs. by Act 40 of 1961, s. 23, for clause (3) (w.e.f. 20-9-1961).
2. Ins. by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975).
3. Ins. by Act 3 of 1988, s. 19 (w.e.f. 21-3-1988).
4. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958).
5. The words “or retirement from contest” omitted by s. 36, ibid. (w.e.f. 30-12-1958).
6. Subs. by Act 47 of 1966, s. 53, “for the conveyance” (w.e.f. 14-12-1966).
51
Explanation.—In this clause, the expression “vehicle” means any vehicle used or capable of being
used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether
used for drawing other vehicles or otherwise.
(6) The incurring or authorising of expenditure in contravention of section 77.
(7) The obtaining or procuring or a betting or attempting to obtain or procure by a candidate or his
agent or, by any other person 1
[with the consent of a candidate or his election agent], any assistance (other
than the giving of vote) for the furtherance of the prospects of that candidate’s election, 2
[from any person
whether or not in the service of the Government] and belonging to any of the following classes,
namely:—
(a) gazetted officers;
(b) stipendiary judges and magistrates;
(c) members of the armed forces of the Union;
(d) members of the police forces;
(e) excise officers;
3
[(f) revenue officers other than village revenue officers known as lambardars malguzars, patels,
deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a
share of, or commission on, the amount of land revenue collected by them but who do not discharge
any police functions; and
(g) such other class of persons in the service of the Government as may be prescribed:
4
[Provided that where any person, in the service of the Government and belonging to any of the
classes aforesaid, in the discharge or puported discharge of his official duty, makes any arrangements or
provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or
any other person acting with the consent of the candidate or his election agent (whether by reason of the
office held by the candidate or for any other reason), such arrangements facilities or act or thing shall not
be deemed to be assistance for the furtherance of the prospects of that candidate’s election;]
5
[(h) class of persons in the service of a local authority, university, government company or
institution or concern or undertaking appointed or deputed by the Election Commission in connection
with the conduct of elections.]
6
[(8) Booth capturing by a candidate or his agent or other person.]
Explanation.—(1) In this section the expression “agent” includes an election agent, a polling agent
and any person who is held to have acted as an agent in connection with the election with the consent of
the candidate.
(2) For the purposes of clause (7), a person shall be deemed to assist in the furtherance of the
prospects of a candidate’s election if he acts as an election agent 7*** of that candidate.
8
[(3) For the proposes of clause (7), notwithstanding anything contained in any other law, the
publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or
removal from service of a person in the service of the Central Government (including a person serving in
connection with the administration of a Union territory) or of a State Government shall be conclusive
proof—
(i) of such appointment, resignation, termination of service, dismissal or removal from service, as
the case may be, and
1. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958).
2. Subs. by Act 41 of 2009, s. 6, for certain words (w.e.f. 1-2-2010).
3. Subs. by Act 58 of 1958, s. 36, for sub-clause (f) (w.e.f. 30-12-1958).
4. Ins. by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975).
5. Ins. by Act 41 of 2009, s. 6 (w.e.f. 1-2-2010).
6. Ins. by Act 1 of 1989, s. 13 (w.e.f. 15-3-1989).
7. The words “or a polling agent or a counting agent” omitted by Act 47 of 1966, s. 53 (w.e.f. 14-12-1966).
8. Added by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975).
52
(ii) where the date of taking effect of such appointment, resignation, termination of service,
dismissal or removal from service, as the case may be, is stated in such publication, also of the fact
that such person was appointed with effect from the said date, or in the case of resignation,
termination of service, dismissal or removal from service such person ceased to be in such service
with effect from the said date.]
1
[(4) For the purposes of clause (8), “booth capturing” shall have the same meaning as in
section 135A.]
CHAPTER III
ELECTORAL OFFENCES
2
[125. Promoting enmity between classes in connection with election.—Any person who in
connection with an election under this Act promotes or attempts to promote on grounds of religion, race,
caste, community or language, feelings of enmity or hatred, between different classes of the citizens of
India shall he punishable, with imprisonment for a term which may extend to three years, or with fine, or
with both.]
3
[125A. Penalty for filing false affidavit, etc.—A candidate who himself or through his proposer,
with intent to be elected in an election,—
(i) fails to furnish information relating to sub-section (1) of section 33A; or
(ii) give false information which he knows or has reason to believe to be false; or
(iii) conceals any information, in his nomination paper delivered under sub-section (1) of
section 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as
the case may be, shall, notwithstanding anything contained in any other law for the time being in
force, be punishable with imprisonment for a term which may extend to six months, or with fine, or
with both.]
4
[126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed
for conclusion of poll.—
(1) No person shall—
(a) convene, hold, attend, join or address any public meeting or procession in connection with
an election; or
(b) display to the public any election matter by means of cinematograph, television or other
similar apparatus; or
(c) propagate any election matter to the public by holding, or by arranging the holding of, any
musical concert or any theatrical performance or any other entertainment or amusement with a
view to attracting the members of the public thereto,
in any polling area during the period of forty-eight hours ending with the fixed for the conclusion of the
poll for any election in the polling area.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with
imprisonment for a term which may extend to two years, or with fine, or with both.
(3) In this section, the expression “election matter” means any matter intended or calculated to
influence or affect the result of an election.]
5
[126A. Restriction on publication and dissemination of result of exit polls, etc.—(1) No person
shall conduct any exit poll and publish or publicise by means of the print or electronic media or
1. Ins. by Act 1 of 1989, s. 13 (w.e.f. 15-3-1989).
2. Ins. by Act 40 of 1961, s. 24 (w.e.f. 20-9-1961).
3. Ins. by 72 of 2002, s. 5 (w.e.f. 24-8-2002).
4. Subs. by Act 21 of 1996, s. 10, for section 126 (w.e.f. 1-8-1996).
5. Ins. by Act 41 of 2009, s. 7 (w.e.f. 1-2-2010).
53
disseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be
notified by the Election Commission in this regard.
(2) For the purposes of sub-section (1), the Election Commission shall, by a general order, notify the
date and time having due regard to the following, namely:—
(a) in case of a general election, the period may commence from the beginning of the hours fixed
for poll on the first day of poll and continue till half an hour after closing of the poll in all the States
and Union territories;
(b) in case of a bye-election or a number of bye-election held together, the period may commence
from the beginning of the hours fixed for poll on and from the first day of poll and continue till half
an hour after closing of the poll:
Provided that in case of a number of bye-elections held together on different days, the period may
commence from the beginning of the hours fixed for poll on the first day of poll and continue till half
an hour after closing of the last poll.
(3) Any person who contravenes the provisions of this section shall be punishable with imprisonment
for a term which may extend to two years or with fine or with both.
Explanation.—For the purposes of this section,—
(a) “exit poll” means an opinion survey respecting how electors have voted at an election or
respecting how all the electors have performed with regard to the identification of a political party or
candidate in an election;
(b) “electronic media” includes internet, radio and television including Internet Protocol
Television, satellite, terrestrial or cable channels, mobile and such other media either owned by the
Government or private person or by both;
(c) “print media” includes any newspaper, magazine or periodical, poster, placard, handbill or any
other document;
(d) “dissemination” includes publication in any “print media” or broadcast or display on any
electronic media.
126B. Offences by companies.—(1) Where an offence under sub-section (2) of section 126A has
been committed by a company, every person who, at the time the offence was committed, was in charge
of, and was responsible to the company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section,—
(a) “company” means any body corporate, and includes a firm or other association of
individuals; and
(b) “director” in relation to a firm, means a partner in the firm.]
127. Disturbances at election meetings.—(1) Any person who at a public meeting to which this
section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the
transaction of the business for which the meeting was called together, 1
[shall be punishable with
1. Subs. by Act 1 of 1989, s. 14, for certain words (w.e.f. 15-3-1989).
54
imprisonment for a term which may extend to 1
[six months or with fine which may extend to two
thousand rupees], or with both.]
2
[(1A) An offence punishable under sub-section (1) shall be cognizable.]
(2) This section applies to any public meeting of a political character held in any constituency
between the date of the issue of a notification under this Act calling upon the constituency to elect a
member or members and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing an offence under
sub-section (1), he may, if requested so to do by the chairman of the meeting, require that person to
declare to him immediately his name and address and, if that person refuses or fails so to declare his name
and address, or if the police officer reasonably suspects him of giving a false name or address, the police
officer may arrest him without warrant.
3
[127A. Restrictions on the printing of pamphlets, posters, etc.—(1) No person shall print or
publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its
face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster—
(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by
two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
(b) unless, within a reasonable time after the printing of the document, one copy of the
declaration is sent by the printer, together with one copy of the document,—
(i) where it is printed in the capital of the State, to the Chief Electoral Officer, and
(ii) in any other case, to the district magistrate of the district in which it is printed.
(3) For the purposes of this section,—
(a) any process for multiplying copies of a document, other than copying it by hand, shall be
deemed to be printing and the expression “printer” shall be construed accordingly; and
(b) “election pamphlet or poster” means any printed pamphlet, hand-bill or other document
distributed for the purpose of promoting or prejudicing the election of a candidate or group of
candidates or any placard or poster having reference to an election, but does not include any
hand-bill, placard or poster merely announcing the date, time, place and other particulars of an
election meeting or routine instructions to election agents or workers.
(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be
punishable with imprisonment for a term which may extend to six months, or with fine which may extend
to two thousand rupees, or with both.]
128. Maintenance of Secrecy of voting.—(1) Every officer, clerk, agent or other person who
performs any duty in connection with the recording or counting of votes at an election shall maintain, and
aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or
under any law) communicate to any person any information calculated to violate such secrecy:
4
[Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other
person who performs any such duty at an election to fill a seat or seats in the Council of States.]
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with
imprisonment for a term which may extend to three months or with fine or with both.
1. Subs. by Act 21 of 1996, s. 11, for certain words (w.e.f. 1-8-1996).
2. Ins. by s. 11, ibid. (w.e.f. 1-8-1996).
3. Ins. by Act 40 of 1961, s. 26 (w.e.f. 20-9-1961).
4. Ins. by Act 40 of 2003, s. 5 (w.e.f. 28-8-2003).
55
129. Officers, etc., at elections not to act for candidates or to influence voting.—(1) No person
who is 1
[a district election officer or a returning officer], or an assistant returning officer, or a presiding or
polling officer at an election, or an officer or clerk appointed by the returning officer for the presiding
officer to perform any duty in connection with an election shall in the conduct or the management of the
election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a
candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour—
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be
punishable with imprisonment which may extend to six months or with fine or with both.
2
[(4) An offence punishable under sub-section (3) shall be cognizable.]
130. Prohibition of canvassing in or near polling stations.—(1) No person shall, on the date or
dates on which a poll is taken at any polling station, commit any of the following acts within the polling
station or in any public or private place within a distance of 3
[one hundred metres] of the polling station,
namely:—
(a) canvassing for votes; or
(b) soliciting the vote of any elector, or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which
may extend to two hundred and fifty rupees.
(3) An offence punishable under this section shall be cognizable.
131. Penalty for disorderly conduct in or near polling stations.—(1) No person shall, on the date
or dates on which a poll is taken at any polling station,—
(a) use or operate within or at the entrance of the polling station, or in any public or private place
in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a
megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station
or in any public or private place in the neighbourhood thereof,
so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with
the work of the officers and other persons on duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of
sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine or
with both.
(3) If the presiding officer of a polling station has reason to believe that any person is committing or
has committed an offence punishable under this section, he may direct any police officer to arrest such
parson, and thereupon the police officer shall arrest him.
1. Subs. by Act 47 of 1966, s. 55, for “a returning officer” (w.e.f. 14-12-1966).
2. Ins. by Act 47 of 1966, s. 55 (w.e.f. 14-12-1966).
3. Subs. by s. 56, ibid., for “one hundred yards” (w.e.f. 14-12-1966).
56
(4) Any police officer may take such steps, and use such force, as may be reasonably necessary for
preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for
such contravention.
132. Penalty for misconduct at the polling station.—(1) Any person who during the hours fixed for
the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding
officer may be removed from the polling station by the presiding officer or by any police officer on duty
or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is
otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station re-enters the polling station without
the permission of the presiding officer, he shall be punishable with imprisonment for a term which may
extend to three months, or with fine, or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
1
[132A. Penalty for failure to observe procedure for voting.—If any elector to whom a ballot
paper has been issued, refused to observe the procedure prescribed for voting the ballot paper issued to
him shall be liable for cancellation.]
2
[133. Penalty for illegal hiring or procuring of conveyance at elections.—If any person is guilty
of any such corrupt practice as is specified in clause (5) of section 123 at or in connection with an
election, he shall be punishable with imprisonment which may extend to three months and with fine.]
134. Breaches of official duty in connection with elections.—(1) If any person to whom this section
applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be
punishable with fine which may extend to five hundred rupees.
3
[(1A) An offence punishable under sub-section (1) shall be cognizable.]
(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any
such act or omission as aforesaid.
(3) The persons to whom this section applies are the 4*** 5
[district election officers, returning
officers], assistant returning officers, presiding officers, polling officers and any other person appointed to
perform any duty in connection with 6*** the receipt of nominations or withdrawal of candidatures, or the
recording or counting of votes at an election; and the expression “official duty” shall for the purposes of
this section be construed accordingly, but shall not include duties imposed otherwise than by or under this
Act 4***.
7
[134A. Penalty for Government servants for acting as election agent, polling agent or counting
agent.—If any person in the service of the Government acts as an election agent or a polling agent or a
counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which
may extend to three months, or with fine, or with both.]
8
[134B. Prohibition of going armed to or near a polling station.—(1) No person, other than the
returning officer, the presiding officer, any police officer and any other person appointed to maintain
peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed
with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of a
polling station.
1. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986).
2. Subs. by Act 21 of 1996, s. 12, for section 133 (w.e.f. 1-8-1996).
3. Ins. by Act 47 of 1966, s. 58 (w.e.f. 14-12-1966).
4. Certain words omitted by Act 58 of 1958, s. 37 (w.e.f. 30-12-1958).
5. Subs. by Act 47 of 1966, s. 58, for “returning officers” (w.e.f. 14-12-1966).
6. The words “the preparation of an electoral roll” omitted by Act 58 of 1958, s. 37 (w.e.f. 30-12-1958).
7. Ins. by Act 47 of 1966, s. 59 (w.e.f. 14-12-1966).
8. Ins. by Act 21 of 1996, s. 13 (w.e.f. 1-8-1996).
57
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with
imprisonment for a term which may extend to two years or with fine, or with both.
(3) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is
convicted of an offence under this section, the arms as defined in the said Act found in his possession
shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have
been revoked under section 17 of that Act.
(4) An offence punishable under sub-section (2) shall be cognizable.]
135. Removal of ballot papers from polling station to be an offence.—(1) Any person who at any
election 1
[unauthorisedly] takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids
or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to
one year or with fine which may extend to five hundred rupees or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or
has committed an offence punishable under sub-section (1), such officer may, before such person leaves
the polling station, arrest or direct a police officer to arrest such person and may search such person or
cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched, the search shall be made by
another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to
a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by
such officer in safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.
2
[135A. Offence of booth capturing.—3
[(1)] Whoever commits an offence of booth capturing shall
be punishable with imprisonment for a term which 4
[shall not be less than one year but which may extend
to three years and with fine, and where such offence is committed by a person in the service of the
Government, he shall be punishable with imprisonment for a term which shall not be less than three years
but which may extend to five years and with fine].
Explanation.—For the purposes of 5
[this sub-section and section 20B] “booth capturing” includes,
among other things, all or any of the following activities, namely:—
(a) seizure of a polling station or a place fixed for the poll by any person or persons making
polling authorities surrender the ballot papers or voting machines and doing of any other Act which
affects the orderly conduct of elections;
(b) taking possession of a polling station or a place fixed for the poll by any person or
persons, and allowing only his or their own supporters to exercise their right to vote and 4
[prevent
others from free exercise of their right to vote];
(c)
6
[coercing or intimidating or threatening directly or indirectly,] any elector and preventing him
from going to the polling station or a place fixed for the poll to cast his vote;
(d) seizure of a place for counting of votes by any person or persons, making the counting
authorities surrender the ballot papers or voting machines and the doing of anything which affects the
orderly counting of votes;
(e) doing by any person in the service of Government, of all or any of the aforesaid activities or
aiding or conniving at, any such activity in the furtherance of the prospects of the election of a
candidate.]
1. Subs. by Act 21 of 1996, s. 14, for “fraudulently” (w.e.f. 1-8-1996).
2. Ins. by Act 1 of 1989, s. 15 (w.e.f. 15-3-1989).
3. Section 135A renumbered as sub-section (1) thereof by Act 21 of 1996, s. 15 (w.e.f. 1-8-1996).
4. Subs. by s. 15, ibid., for certain words (w.e.f. 1-8-1996).
5. Subs. by s. 15, ibid., for “this section” (w.e.f. 1-8-1996).
6. Subs. by s. 15, ibid., for “threatening” (w.e.f. 1-8-1996).
58
1
[(2) An offence punishable under sub-section (1) shall be cognizable.]
2
[135B. Grant of paid holiday to employees on the day of poll.—(1) Every person employed in any
business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the
House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.
(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday
having been granted in accordance with sub-section (1) and if such person is employed on the basis that
he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages
he would have drawn had not a holiday been granted to him on that day.
(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such
employer shall be punishable with fine which may extend to five hundred rupees.
(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in
respect of the employment in which he is engaged.
135C. Liquor not to be sold, given or distributed on polling day.—(1) No spirituous, fermented or
intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating
house, tavern, shop or any other place, public or private, within a polling area during the period of
forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling
area.
(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with
imprisonment for a term which may extend to six months or with fine, which may extend to two thousand
rupees, or with both.
(3) Where a person is convicted of an offence under this section, the spirituous, fermented, or
intoxicating liquors or other substances of a like nature found in his possession shall be liable to
confiscation and the same shall be disposed of in such manner as may be prescribed.]
136. Other offences and penalties therefor.—(1) A person shall be guilty of an electoral offence if
at any election he—
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or
under the authority of returning officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any
ballot paper or any declaration of identity or official envelop used in connection with voting by postal
ballot; or
(d) without due authority supplies any ballot paper to any person 3
[or receives any ballot paper
from any person or is in possession of any ballot paper]; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is
authorised by law to put in; or
(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or
ballot papers than in use for the purposes of the election; or
(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing
acts or wilfully aids or abets the doing of any such acts.
(2) Any person guilty of an electoral offence under this section shall,—
(a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling
station or any other officer or clerk employed on official duty in connection with the election, be
punishable with imprisonment for a term which may extend to two years or with fine or with both;
(b) if he is any other person, be punishable with imprisonment for a term which may extend to six
months or with fine or with both.
1. Ins. by s. 15, ibid. (w.e.f. 1-8-1996).
2. Ins. by s. 16, ibid. (w.e.f. 1-8-1996).
3. Ins. by Act 27 of 1956, s. 70 (w.e.f. 28-8-1956).
59
(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to
take part in the conduct of an election or part of an election including the counting of votes or to be
responsible after an election for the used ballot papers and other documents in connection with such
election, but the expression “official duty” shall not include any duty imposed otherwise than by or under
this Act 1***.
2
[(4) An offence punishable under sub-section (2) shall be cognizable.]
137. [Prosecution regarding certain offences.] Omitted by the Representation of the People
(Amendment) Act, 1966 (47 of 1966), s. 61 (w.e.f. 14-12-1966).
138. [Amendment of Act 5 of 1898.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2
and the First Schedule (w.e.f. 17-9-1957).