Election Commission lists out poll offences, punishments

DIMAPUR — The Election Commission has highlighted the key legal provisions relating to offences committed during elections.

According to a DIPR report, hiring or procuring vehicles for the free conveyance of electors is punishable under Section 133 with three months imprisonment and a fine. Election officials and agents maintaining secrecy of voting can face three months imprisonment, a fine or both under Section 128 if there are violations.

Any election official favouring a candidate, under Section 129, can receive six months of imprisonment, a fine or both. On poll day at or near polling stations, various prohibitions like canvassing, persuading, or soliciting votes under Section 130 can lead to a fine up to INR 250.

Misconduct and disobedience by any person in the polling station under Section 132 are punishable by three months imprisonment, a fine or both.

Carrying arms on polling day is prohibited under Section 134B, and violators can face two years of imprisonment, a fine or both.

The offence of booth capturing under sections 135A and 123 can lead to 3-5 years imprisonment and a fine for government servants and 1-3 years imprisonment and a fine for others. An election petition can also be filed.

Destruction of EVMs under Section 136 can result in two years of imprisonment, a fine or both for officials on election duty and six months for others. Bribery under sections 171B/171E of the IPC and 123(1) of the RP Act is punishable by one year imprisonment, a fine or both. An election petition can also be filed.

Undue influence regarding the free exercise of electoral rights under sections 171C and 171F of the IPC and Section 123(2) of the RP Act can lead to one year of imprisonment, a fine or both. Again, an election petition can be filed.

Personation at elections under Section 171D/171F of the IPC is punishable by one year imprisonment, a fine or both. Deterring a public servant from duty under sections 332/333/353 of the IPC can result in imprisonment for two to 10 years and a fine.

Promoting feelings of enmity between different citizens on grounds of religion, etc. under Section 123(3A) permits filing an election petition.