Representation of the People Act, 1951

Section 167: Penalty for Contravention of Requisitioning Orders

Section 167 of the Representation of the People Act, 1951 prescribes a criminal penalty for disobeying certain orders relating to requisitioning property for election purposes. It specifically covers orders made under Section 160 and Section 162.

Section 167 - Statutory provision

If any person contravenes any order made under section 160 or section 162, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

Which orders are covered?

Section 160 - Requisitioning of premises, vehicles, etc.: Subject to its statutory conditions, the State Government may requisition specified premises, vehicles, vessels or animals needed for election purposes. Contravention of an order made under that section falls within Section 167.

Section 162 - Power to obtain information: For requisitioning property under Section 160 or determining compensation under Section 161, the State Government may order a person to provide specified information in that person's possession relating to the property. Contravention of such an order also falls within Section 167.

Punishment under Section 167

Imprisonment: up to one year; or
Fine: the section does not prescribe a fixed amount; or
Both: imprisonment and fine.

The provision identifies contravention of an order under Section 160 or 162 as the prohibited conduct. It does not make every dispute about compensation or every act concerning requisitioned property an offence under Section 167 merely because it concerns an election.

Section 161 deals with compensation for requisitioned property, Section 163 with authorised entry and inspection, Section 164 with eviction from requisitioned premises, and Section 166 with delegation of State Government functions. For any alleged contravention, the precise order, the power under which it was made and the alleged breach are central to assessing the application of Section 167.

Section 168 - Repealed

The original page also referred to Section 168, concerning special provisions for Rulers of former Indian States. Section 168 was repealed by section 4 of the Rulers of Indian States (Abolition of Privileges) Act, 1972 (Act 54 of 1972), with effect from 9 September 1972. It does not create a current offence under Section 167.

Official legal resources

Refer to the India Code legislative database for the Representation of the People Act, 1951 and amendments, and to the Election Commission of India for official election-related guidance. The validity and effect of a particular requisitioning or information order depend on its terms and applicable law.