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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 Repealed by the Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 61.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.

   

 

 
 


The Representation of the People Act 1951

Section 131 Penalty for disorderly conduct in or near polling stations

Section 132 Penalty for misconduct at the polling station

Section 132A Penalty for failure to observe procedure for voting

Section 133 Penalty for illegal hiring or procuring of conveyance at elections

Section 134 Breaches of official duty in connection with election

Section 134A Penalty for Government servants for acting as election agent, polling agent or counting agent

Section 134B Prohibition of going armed to or near a polling station

Section 135 Removal of ballot papers from polling station to be an offence

Section 135A Offence of booth capturing

Section 135B Grant of paid holiday to employees on the day of poll

Section 135C Liquor not to be sold, given or distributed on polling day

Section 136 Other offences and penalties therefor

Section 137 Repealed

Section 138 Repealed

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