LEGAL PROVISIONS RELATING TO OFFENCES DURING ELECTIONS

Sl.

Brief Description of

Section/

Punishment

No.

offence

Rules of RP Act,1951

1

Hiring or procuring vehicles for free conveyance of electors

Sec 133

3 months imprisonment and fine.

2.

Election related officials and agent to maintain secrecy of voting

Sec128

3 months

imprisonment or fine or both.

3

Election-related official not to favour any candidate

Sec 129

6 months

imprisonment or fine or both.

4

Various prohibitions on poll day at or near polling stations related to canvassing, persuading, soliciting of votes etc

Sec 130

Fine upto Rs. 250/-.

5.

Misconduct and disobedience by any person in the polling station.

Sec 132

3 months

imprisonment or fine or both

6.

Prohibition on carrying of arms on polling day

Sec 134B

2 years imprisonment or fine or both

7

Offence of Booth

Sec 135 A /

3-5 years

Capturing

Sec 123 (8)

imprisonment and fine, for persons in govt.service, and 1 to 3 yrs and fine for others/Filing Election Petition

8.

Destruction of EVM

Sec. 136

2 years imprisonment or fine or both for officials on election duty and 6 months for others

9

Bribery

Sections 171B/171E of IPC and S. 123(1) of RP Act

1 year imprisonment or fine or both/ File an election petition

10.

Undue influence at elections regarding free exercise of electoral right

Sections 171C / 171F of IPC and Sec 123(2) of RP Act.

1 year imprisonment or fine or both/File Election Petition

11.

Personation at elections

Section 171 D/171 F of the IPC

1 year imprisonment or fine or both

12.

Deter a public servant from discharging his duty.

Section 332 /333 /353

of the IPC

Imprisonment from 2 to 10 years and fine.

13.

Promote, feelings of enmity between different citizens of India on grounds of religion, etc.

Section 123 (3A)

File an election petition