Election law | Representation of the People Act, 1951

Section 136: Other offences and penalties therefor

Section 136 protects the integrity of election records, nomination papers, ballot papers and ballot boxes. It identifies fraudulent or unauthorised interference with these materials, sets different maximum punishments for election officials and other persons, defines official duty, and makes the offences cognizable.

Key provisions: Up to two years' imprisonment, or fine, or both for specified election officials; up to six months' imprisonment, or fine, or both for other persons. Offences under Section 136(2) are cognizable.

Section 136: statutory provisions explained

Sub-section (1): Acts constituting electoral offences

A person is guilty of an electoral offence if, at any election, the person does any of the following:

Clause (a): Fraudulently defaces or destroys a nomination paper.
Clause (b): Fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a returning officer.
Clause (c): Fraudulently defaces or destroys a ballot paper, its official mark, a declaration of identity, or an official envelope used for postal voting.
Clause (d): Without due authority supplies or receives a ballot paper, or possesses a ballot paper.
Clause (e): Fraudulently puts into a ballot box something other than the ballot paper the person is legally authorised to insert.
Clause (f): Without due authority destroys, takes, opens or otherwise interferes with a ballot box or ballot papers in use for the election.
Clause (g): Fraudulently or without due authority, as applicable, attempts any of these acts or wilfully aids or abets them.

Sub-section (2): Punishment

Clause (a): A returning officer, assistant returning officer, presiding officer, or other officer or clerk employed on official election duty may be punished with imprisonment up to two years, or fine, or both.

Clause (b): Any other person may be punished with imprisonment up to six months, or fine, or both.

Sub-section (3): Meaning of official duty

A person is deemed to be on official duty if their duty involves conducting an election or part of an election (including counting votes), or being responsible after an election for used ballot papers and other election documents. The expression does not include duties imposed otherwise than by or under the Representation of the People Act, 1951.

Sub-section (4): Cognizable offences

An offence punishable under sub-section (2) is cognizable.

What conduct does Section 136 prohibit?

The provision covers intentional fraudulent damage to election documents and specified acts carried out without lawful authority. Its reach includes nomination papers, official notices, ballot papers, postal-voting declarations and envelopes, ballot boxes, attempts, and wilful assistance or abetment. The relevant statutory words such as fraudulently and without due authority matter: not every accidental handling or routine authorised action constitutes an offence.

Why is punishment higher for election officials?

Section 136(2) expressly distinguishes persons entrusted with official election responsibilities from other persons. The higher maximum term for the identified officers and clerks reflects the duties associated with handling sensitive electoral materials. The court determines punishment within the statutory limits according to the proven offence and applicable law.

Meaning of a cognizable electoral offence

Under Section 136(4), offences punishable under sub-section (2) are cognizable. Police investigation and arrest powers remain subject to the applicable criminal procedure law and its safeguards, including the Bharatiya Nagarik Suraksha Sanhita, 2023, where applicable. Cognizable classification does not remove the need to establish the elements of the offence.

Practical examples and safeguards

Nomination stage: Fraudulent destruction of a nomination paper can attract clause (a).
Polling and counting: Unauthorised interference with ballot boxes or ballot papers in use may fall under clause (f).
Postal voting: Fraudulent damage to the specified declaration of identity or official envelope is expressly addressed in clause (c).
Election administration: Election personnel should preserve custody records and follow the authorised procedures for handling electoral documents.

Section 135 separately addresses unauthorised removal or attempted removal of ballot papers from polling stations. Section 135A concerns booth capturing. These offences have distinct elements and penalties.

Section 137 (prosecution regarding certain offences) was repealed by the Representation of the People (Amendment) Act, 1966 (Act 47 of 1966), section 61. Section 138 (amendment of Act 5 of 1898) was repealed by the Repealing and Amending Act, 1957 (Act 36 of 1957), section 2 and the First Schedule.

Official legal resources

Refer to India Code for statutory text and amendments, the Election Commission of India for election instructions, and the Legislative Department for legislative materials. Browse the Representation of the People Act, 1951 index for other provisions.

Updated 5 October 2026. This explanatory article is general information; consult the applicable legislation and official instructions for individual cases.