Representation of the People Act, 1951 | Electoral offences

Section 126: Prohibition of Public Meetings During the 48-Hour Election Silence Period

Section 126 of the Representation of the People Act, 1951 restricts certain election-related meetings, processions, public displays and entertainment in a polling area during the 48 hours ending at the hour fixed for conclusion of polling. This is commonly described as the election silence period. It is intended to protect voters from last-minute electioneering and allow them to make their choices without prohibited campaigning.

Penalty: A violation of Section 126(1) is punishable under Section 126(2) with imprisonment of up to two years, or a fine, or both.

What does Section 126(1) prohibit?

During the specified 48-hour period in the relevant polling area, no person may engage in the following activities:

Section 126(1)(a): Public meetings and processions

Convening, holding, attending, joining or addressing a public meeting or procession in connection with an election is prohibited. The prohibition is not limited to the candidate or political party; the provision uses the expression no person.

Section 126(1)(b): Public display of election matter

Displaying election matter to the public through cinematograph, television or other similar apparatus is prohibited. Election-related broadcasts, promotional audiovisual material and certain electronic displays may fall within this restriction depending on their content, means of communication and circumstances.

Section 126(1)(c): Election propaganda through entertainment

Propagating election matter by holding or arranging a musical concert, theatrical performance or other entertainment or amusement intended to attract members of the public is prohibited.

When does the 48-hour restriction begin and end?

The restricted period is calculated backwards from the hour fixed for conclusion of the poll in the polling area. For example, if polling is scheduled to close at 6:00 p.m. on a particular day, the 48-hour period begins at 6:00 p.m. two days earlier. The legally relevant end time is the officially fixed closing hour, not necessarily the time at which the last voter casts a vote.

In phased elections, the period must be determined with reference to the relevant polling area and its notified polling schedule. Election Commission directions and applicable election-specific orders should also be checked.

Meaning of 'election matter' under Section 126(3)

Section 126(3) defines election matter as any matter intended or calculated to influence or affect the result of an election. This definition is significant when assessing televised debates, campaign appeals, political advertisements, audiovisual messages and other public communications.

Whether particular content violates Section 126 depends on the statutory elements and the facts. The provision should not be read as an automatic ban on all neutral reporting or every private political conversation.

Television, radio, digital platforms and election advertisements

The Election Commission of India has issued guidance cautioning television, radio and cable broadcasters against airing material that may influence or affect an election during the silence period, including partisan appeals, certain debates, opinion-poll displays and political advertisements. Election-related digital publicity, bulk messages and audiovisual communications also require careful scrutiny under applicable Commission instructions and the relevant statutory provisions.

The treatment of a specific internet post, newspaper publication, private message or broadcast should be assessed under the text of Section 126, other applicable election laws and current Election Commission directions rather than assuming that all media are identically regulated.

Section 126(2): Punishment for violation

A person contravening Section 126(1) may be punished with imprisonment for a term extending to two years, or with a fine, or with both. Section 126 does not itself prescribe a fixed minimum term or a fixed fine amount. Any allegation must be examined in light of the prohibited act, the location, timing and relevant evidence.

Related election-law provisions

Section 123: Defines corrupt practices, including bribery, undue influence and certain prohibited electoral appeals.
Section 125: Punishes promotion or attempted promotion of enmity or hatred between specified classes of citizens in connection with an election.
Section 126A: Separately regulates the conduct and publication or dissemination of exit polls during the notified statutory period. Its time window is not necessarily the same as the 48-hour period under Section 126.
Section 127: Deals with disturbances at election meetings.

Frequently asked questions

Is campaigning allowed on polling day?

Activities covered by Section 126(1) remain prohibited until the fixed hour for conclusion of polling in the relevant area. Other restrictions, including those concerning canvassing near polling stations, may apply independently.

Can a candidate hold a public rally in the last 48 hours?

No. A public election meeting or procession covered by Section 126(1)(a) cannot be held during the statutory period in the polling area.

Is an exit poll governed by Section 126?

Exit polls are separately regulated under Section 126A, including restrictions on their publication and dissemination during the period specified by the Election Commission.

Official legal sources

Updated: 5 October 2026. This article explains the general statutory position. Election-specific notifications and binding instructions should be checked for an individual poll.