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Section 8 of Disqualification on conviction for certain offences - Representation of the People Act, 1951

What is the Disqualification on conviction for certain offences? Section 8 of Representation of the People Act, 1951

Section 8 : Disqualification on conviction for certain offences

3 [(1) A person convicted of an offence punishable under-

(a) section 153A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or section 171E (offence of bribery) or section 171F (offence of undue influence or personation at an election) or sub-section (1) or sub-section (2) of section 376 or section 376A or section 376B or section 376C or section 376D (offences relating to rape) or section 498A (offence of cruelty towards a woman by husband or relative of a husband) or sub-section (2) or sub-section

(3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the Indian Penal Code (45 of 1860); or
 

 

(b) the Protection of Civil Rights Act, 1955 (22 of 1955) which provides for punishment for the preaching and practice of "untouchability", and for the enforcement of any disability arising therefrom; or

(c) section 11 (offence of importing or exporting prohibited goods) of the Customs Act, 1962 (52 of 1962); or

(d) sections 10 to 12 (offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967); or

(e) the Foreign Exchange (Regulation) Act, 1973 (46 of 1973); or

(f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or
(g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive activities) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or

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Note
3. Subs. by Act 1 of 1989, s. 4, for sub-sections (1) and (2) (w.e.f. 15-3-1989).

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(h) section 7 (offence of contravention of the provisions of sections 3 to 6) of the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988); or

(i) section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of booth capturing) of clause (a) of sub-section (2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of this Act;

1 [or] 1 [(j) section 6 (offence of conversion of a place of worship) of the Places of Worship (Special Provisions) Act, 1991;]

2 [or] 3 [(k) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or section 3 (offence of preventing singing of National Anthem) of the Prevention of Insults to National Honour Act, 1971 (69 of 1971),] 4 [; or]

4 [(l) the Commission of Sati (Prevention) Act, 1987 (3 of 1988); or

(m) the Prevention of Corruption Act, 1988 (49 of 1988); or

(n) the Prevention of Terrorism Act, 2002 (15 of 2002),]

5 [shall be disqualified, where the convicted person is sentenced to-

(i) only fine, for a period of six years from the date of such conviction;

(ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.]

(2) A person convicted for the contravention of-

(a) any law providing for the prevention of hoarding or profiteering; or

(b) any law relating to the adulteration of food or drugs; or

(c) any provisions of the Dowry Prohibition Act, 1961 (28 of 1961);6
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6 * * * * *

(3) A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.]

7 [(4)] Notwithstanding anything

8 [in sub-section (1), sub-section (2) or sub-section (3)] a disqualification under either subsection shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court.

(a) "law providing for the prevention of hoarding or profiteering" means any law, or any order, rule or notification having the force of law, providing for-

(i) the regulation of production or manufacture of any essential commodity;

(ii) the control of price at which any essential commodity may be bought or sold;

(iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity;

(iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;

(b) "drug" has the meaning assigned to it in the Durgs and Cosmetics Act, 1940 (23 of 1940);

(c) "essential commodity" has the meaning assigned to it in the Essential Commodity Act, 1955 (10 of 1955);

(d) "food" has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (37 of 1954).

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Note

1. Ins. by Act 42 of 1991, s. 8 (w.e.f. 18-9-1991).
2. Added by Act 21 of 1996, s. 3 (w.e.f.1-8-1996).
3. Ins. by s. 3, ibid. (w.e.f. 1-8-1996).
4. Ins. by Act 9 of 2003, s. 2 (w.e.f. 7-1-2003).
5. Subs. by s. 2, ibid. (w.e.f. 7-1-2003).
6. Cl. (d) omitted by s. 2, ibid. (w.e.f. 7-1-2003).
7. Sub-section (3) renumbered as sub-section (4) by Act 1 of 1989, s. 4 (w.e.f. 15-3-1989).
8. Subs. by s. 4, ibid., for certain words (w.e.f.15-3-1989)
   

 

 
 

 

The Representation of the People Act 1951

Part I Preliminary

Section 2  - Interpretation

PART II QUALIFICATIONS AND DISQUALIFICATIONS

CHAPTER I - Qualifications for Membership of Parliament

Section 3 of Qualification for membership of the Council of States

Section 4 Qualifications for membership of the House of the People

CHAPTER II. -Qualifications for Membership of State Legislatures

Section 5 of Qualifications for membership of a Legislative Assembly

Section 5A Qualifications for membership of a Legislative Assembly Sikkim

Section 6 of Qualification for membership of a Legislative Council

CHAPTER III - Disqualifications for membership of Parliament and State Legislatures

Section 7 of Definition

Section 8 of Disqualification on conviction for certain offences

Section 8A of Disqualification on ground of corrupt practices

Section 9 of Disqualification for dismissal for corruption or disloyalty

Section 9A of Disqualification for Government contracts, etc

Section 10 of Disqualification for office under Government company

Section 10A of Disqualification for failure to lodge account of election expenses

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