Section 136 Other offences and penalties therefor - Representation of the People Act, 1951
What are Other offences and penalties therefor?
Section 136 of Representation of the People Act, 1951
Section 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 a 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 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 then 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 willfully 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.
(4) An offence punishable under sub-section (2) shall be cognizable.
Section 137. Prosecution regarding certain offences. Repealed by the
Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 61.
Section 138. Amendment of Act 5 of 1898. Repealed by the Repealing and
Amending Act, 1957 (36 of 1957), s. 2 and the First Schedule.