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(1) Any person who at an
election fraudulently 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 women 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 search1
or a ballot box or a voting machine or
part thereof found being carried away by a person outside the polling station 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.
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