Lawgist136Other 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 1[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.
(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 2***.
3[(4) An offence punishable under sub-section (2) shall be cognizable.]
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1. Ins. by Act 27 of 1956, s. 70 (w.e.f. 28-8-1956).
2. Certain words omitted by Act 58 of 1958, s. 38 (w.e.f. 30-12-1958).
3. Subs. by Act 47 of 1966, s. 60, for sub-section (4) (w.e.f. 14-12-1966).
- 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.
