Section 135C: Liquor not to be sold, given or distributed on polling day
Section 135C of the Representation of the People Act, 1951 establishes a statutory restriction on the sale, giving or distribution of intoxicating liquor in a polling area during the 48 hours ending at the hour fixed for conclusion of the poll. The rule helps protect the orderly and fair conduct of elections.
What does Section 135C prohibit?
The restriction concerns spirituous, fermented or intoxicating liquors and other substances of a like nature. It prohibits three kinds of conduct: selling, giving and distributing such substances during the specified period. The section is not confined to retail liquor shops or commercial transactions; its wording expressly includes public and private places.
The statutory restriction applies within a polling area. Separate state excise orders, licence conditions and Election Commission instructions may impose additional restrictions or specify implementation arrangements. Those requirements should be checked for the election and location concerned.
Section 135C: provisions explained
Section 135C(1) - Prohibited sale, giving or distribution
No spirituous, fermented or intoxicating liquors, or other substances of a like nature, shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, whether public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for an election in that polling area.
Section 135C(2) - Punishment
A person contravening subsection (1) is punishable with imprisonment for a term extending to six months, or with a fine extending to two thousand rupees, or with both.
Section 135C(3) - Confiscation on conviction
Where a person is convicted under Section 135C, intoxicating liquors or other substances of a like nature found in that person's possession are liable to confiscation and must be disposed of in the manner prescribed.
When does the 48-hour restriction begin and end?
The statutory period is counted backwards from the scheduled conclusion of polling, not simply from midnight before polling day. For example, if the hour fixed for the conclusion of the poll is 6:00 p.m. on a particular day, the 48-hour period ordinarily begins at 6:00 p.m. two days earlier and ends at the scheduled conclusion of polling. Always consult the relevant election notification and applicable directions for the exact area and schedule.
Where does the prohibition apply?
Section 135C expressly covers a hotel, eating house, tavern, shop or any other place, public or private, within the polling area. The Act's reference to the polling area should not be replaced by a blanket claim that an identical nationwide dry-day period applies everywhere simultaneously; phased elections can involve different polling dates and local administrative directions.
Penalty and confiscation: important distinctions
- Criminal penalty: Up to six months' imprisonment, or a fine of up to Rs. 2,000, or both, for a contravention of subsection (1).
- Confiscation: Subsection (3) concerns the liquor or similar substances found in the possession of a person convicted under the section.
- Other applicable laws: State excise legislation and orders may independently regulate possession, transport, storage, licensing and sale. Section 135C should not be presented as the sole source of dry-day obligations.
Frequently asked questions
Is the restriction limited to polling day itself?
No. Section 135C specifies the 48-hour period ending with the hour fixed for conclusion of polling, so it begins before polling day.
Does the provision prohibit only liquor sales?
No. It expressly covers liquor being sold, given or distributed at the specified places within the polling area.
What is the maximum fine under Section 135C?
Subsection (2) specifies a fine of up to Rs. 2,000, imprisonment for up to six months, or both.
Can liquor be confiscated?
Yes. Under subsection (3), after conviction under this section, the relevant liquor or similar substances found in the convicted person's possession are liable to confiscation and prescribed disposal.
Related provisions and official resources
For other election-related offences, see Section 135B (paid holiday on polling day) and Section 136 (other offences and penalties). For the governing Act, see the Representation of the People Act, 1951.
Refer to India Code for the statutory text, the Election Commission of India for election directions and the Legislative Department for legislative resources. Check the relevant state excise and election notifications for local application.