Section 163: Powers of Entry into and Inspection of Premises
Section 163 of the Representation of the People Act, 1951 empowers persons specifically authorised by the State Government to enter and inspect premises and certain property for election-related requisitioning under section 160. The power is linked to assessing whether requisitioning is required or securing compliance with an existing requisition order.
Section 163: Statutory provision
(1) Any person authorized in this behalf by the State Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 160 should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section.
(2) In this section, the expressions "premises" and "vehicle" have the same meanings as in section 160.
Who can inspect and for what purpose?
The authority is not conferred on every election official automatically. The inspecting person must be authorised by the State Government for the purpose. The inspection must be connected to either (a) deciding whether and how property should be requisitioned under section 160 or (b) ensuring compliance with a requisition order already made under that section.
Meaning of premises and vehicle
Under section 160(4), premises means any land, building or part of a building, including a hut, shed or other structure or any part of it. Vehicle means a vehicle used or capable of being used for road transport, whether mechanically propelled or otherwise. Section 163 also expressly permits inspection of vessels or animals located within the premises in connection with section 160.
Relationship with requisition and compensation
Section 160 governs the State Government's power to requisition premises, vehicles, vessels and animals for specified election purposes, subject to statutory restrictions and the requirement of a written order. Section 161 provides for compensation when property is requisitioned. Section 162 separately authorises the State Government to require information relating to property for requisitioning or compensation assessment.
An inspection under section 163 does not itself replace the requisition order and service requirements prescribed under section 160. The statutory purpose and the State Government's authorisation should be identifiable in the particular case.
Practical examples
An authorised official may inspect a building to assess its suitability as a polling station or inspect vehicles on premises to determine their availability for election-related transport within section 160. An inspection may also check whether a person is complying with a valid requisition order. The statutory power should not be described as a general, unlimited search power.
Frequently asked questions
Can any election officer enter private premises under section 163?
No. The section specifies a person authorised for this purpose by the State Government, acting for one of the statutory purposes connected to section 160.
Does section 163 itself permit taking possession of property?
Section 163 concerns entry and inspection. Requisitioning of property is governed by section 160, including the requirements relating to the requisition order.
Is compensation payable merely for an inspection?
Section 161 addresses compensation for requisitioning under section 160; section 163 does not itself establish a separate compensation mechanism for an inspection.
Official legal resources
Consult the India Code legislative database for the authoritative consolidated Representation of the People Act, 1951 and the Election Commission of India for election administration guidance. Any applicable rules, authorisation and orders should also be checked for the election concerned.