Lawgist135AOffence of booth capturing
1[135A. Offence of booth capturing.--2[(1)] Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which 3[shall not be less than one year but which may extend 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 3[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)5[coercing or intimidating or threatening directly or indirectly], any elector and preventing him 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.]
6[(2) An offence punishable under sub-section (1) shall be cognizable.]
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1. Ins. by Act 1 of 1989, s. 15 (w.e.f. 15-3-1989).
2. Section 135A renumbered as sub-section (1) thereof by Act 21 of 1996, s. 15 (w.e.f. 1-8-1996).
3. Subs. by s. 15, bid., for certain words (w.e.f. 1-8-1996).
4. Subs. by s. 15, ibid., for "this section" (w.e.f. 1-8-1996).
5. Subs. by s. 15, ibid., for "threatening" (w.e.f. 1-8-1996).
6. Ins. by s. 15, ibid. (w.e.f. 1-8-1996).
- 125 Promoting enmity between classes in connection with election
- 125A Penalty for filing false affidavit, et
- 126 Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
- 126A Restriction on publication and dissemination of result of exit polls, etc
- 126B Offences by companies
- 127 Disturbances at election meetings
- 127A Restrictions on the printing of pamphlets, posters, etc
- 128 Maintenance of Secrecy of voting
- 129 Officers, etc., at elections not to act for candidates or to influence voting
- 130 Prohibition of canvassing in or near polling stations
- 131 Penalty for disorderly conduct in or near polling stations
- 132 Penalty for misconduct at the polling station
- 132A Penalty for failure to observe procedure for voting
- 133 Penalty for illegal hiring or procuring of conveyance at elections
- 134 Breaches of official duty in connection with elections
- 134A Penalty for Government servants for acting as election agent, polling agent or counting agen
- 134B Prohibition of going armed to or near a polling station
- 135 Removal of ballot papers from polling station to be an offence
- 135A Offence of booth capturing
- 135B Grant of paid holiday to employees on the day of pol
- 135C Liquor not to be sold, given or distributed on polling da
- 136 Other offences and penalties therefor
- 137 Omitted.
- 138 Repealed.
