Election law | Electoral offences

Section 130: Prohibition of Canvassing in or Near Polling Stations

Section 130 of the Representation of the People Act, 1951 prohibits specified election canvassing and influence activities inside a polling station or within 100 metres of it on polling day. A breach is punishable with a fine of up to Rs. 250, and the offence is cognizable.

At a glance: The restriction applies on the date or dates on which a poll is taken. It covers public as well as private places within the specified distance, and applies regardless of whether the activity is carried out by a candidate, party worker, supporter or another person.

Meaning and purpose of Section 130

Canvassing means seeking or attempting to influence electoral support, including asking an elector to vote for or against a candidate. Section 130 establishes a limited no-canvassing zone around the polling station so that electors can enter, vote and leave without last-minute solicitation or pressure. The statutory distance is 100 metres; separate Election Commission directions may regulate other aspects of campaigning, booths and conduct near polling locations.

Section 130: Statutory provisions

Sub-section (1): Prohibited acts

No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely:

(a) canvassing for votes; or

(b) soliciting the vote of any elector; or

(c) persuading any elector not to vote for any particular candidate; or

(d) persuading any elector not to vote at the election; or

(e) exhibiting any notice or sign (other than an official notice) relating to the election.

Sub-section (2): Punishment

Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.

Sub-section (3): Cognizable offence

An offence punishable under this section shall be cognizable.

What conduct is prohibited?

Seeking votes: requesting support for a party or candidate within the prohibited area.
Discouraging votes: urging a voter to reject a candidate or abstain from voting.
Election signs: displaying campaign notices, posters or signs in the zone, except official notices.
Location: the restriction extends to private property and public spaces within 100 metres, as well as the polling station itself.

The provision is specifically linked to the polling date or dates. Other election laws, the Model Code of Conduct and lawful election-related orders may impose additional restrictions outside that time or distance.

Punishment and enforcement

The maximum punishment under Section 130(2) is a fine of Rs. 250. Section 130(3) expressly classifies the offence as cognizable, which means police may act in accordance with the applicable criminal procedure governing cognizable offences. The classification does not remove other legal safeguards relating to investigation or arrest.

Section 126 regulates specified election campaigning during the 48-hour period ending with the close of poll. Section 127 concerns disturbances at election meetings, while Section 129 restricts election officials and police from improperly influencing voting. These provisions address distinct acts and should not be treated as interchangeable.

Official legal resources

For the authoritative legislation and election instructions, consult the India Code (search for the Representation of the People Act, 1951), the Legislative Department, and the Election Commission of India. Relevant instructions and any amendments should be checked for the election concerned.