Representation of People Act, 1951: What are electoral offences?
Bengaluru, Mar 12: Voters should know what are the corrupt practices and electoral offences as Lok Sabha elections are approaching fast. The Representation of People Act, 1951 has provides for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
It was introduced in Parliament by law minister Dr. B.R. Ambedkar. The Act was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election.
It may be recalled that the Supreme Court had dismissed a plea that sought a minimum punishment of two years for electoral offences, including bribery, false statement, undue influence, by candidates and political parties. In 2018, a bench of Chief Justice Dipak Misra refused to entertain a PIL filed by advocate Ashwini Kumar Upadhyay that sought to make electoral offences cognisable. In his plea, Upadhyay had alleged that since 2000, apart from general and state assembly elections, bribes were also given to garner support for particular political parties and candidates in by-polls.
Bribery : Sec 123 (1) under The Representation of People Act, 1951
'Bribery',
that
is
to
say,
-
(A)
any
gift,
offer
or
promise
by
a
candidate
or
his
agent
or
by
any
other
person
with
the
consent
of
a
candidate
or
his
election
agent
of
any
gratification,
to
any
person
whomsoever,
with
the
object,
directly
or
indirectly
of
inducing
-
a
person
to
stand
or
not
to
stand
as,
or
to
withdraw
or
not
to
withdraw
from
being
a
candidate
at
an
election,
or
an
elector
to
vote
or
refrain
from
voting
at
an
election,
or
as
a
reward
to
-
a
person
for
having
so
stood,
or
not
stood,
or
for
having
withdrawn
or
not
having
withdrawn
his
candidature;
or
an
elector
for
having
voted
or
refrained
from
voting;
(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward
'Undue influence', that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate, or his agent, or of any other person with the consent of the candidate or his election agent; with the free exercise of any electoral right
Promoting enmity between classes in connection with election: S ec 125 of RPA Act 1951, 153 A of 1960
Any person who in connection with an election, under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees or with both.
Restrictions on the printing of pamphlet, posters, etc: Sec 127 A of RPA Act 1951
No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and publisher thereof.
No
Person
shall
print,
or
cause
to
be
printed
any
election
pamphlet
or
poster
-
Unless
a
declaration
as
to
the
identity
of
the
publisher
thereof,
signed
by
him
and
attested
by
two
persons
to
whom
he
is
personally
known,
is
delivered
by
him
to
the
printer
in
duplicate;
and
Unless,
within
a
reasonable
time
after
the
printing
of
the
document,
one
copy
of
the
declaration
is
sent
by
the
printer,
together
with
one
copy
of
the
document
printed
to
such
officer
as
may
be
authorised
by
the
State
Election
Commission
in
this
behalf.
Penalty for Government servants or servants of a local self Government institution for acting as election agent, polling agent or counting agent: Section 129 of RPA Act 1951
If any person in the service of the Government or of a local self Government institution acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
Prohibition of canvassing in or near polling stations: Section 130 of RPA Act 1951
No
person
shall,
on
the
date
or
dates
on
which
a
poll
is
taken
at
any
polling
station,
commit
any
of
the
following
acts
within
the
polling
station
or
in
any
public
or
private
place
within
a
distance
of
two
hundred
metres
of
the
polling
station
namely:
-
canvassing
for
votes;
or
soliciting
the
vote
of
any
elector;
or
persuading
any
elector
not
to
vote
for
any
particular
candidate;
or
persuading
any
elector
not
to
vote
at
the
election;
or
exhibiting
any
notice
or
sign
(other
than
an
official
notice)
relating
to
the
election.
Offence
of
booth
capturing:
Sec
135B
of
RPA
Act
1951
Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government or a local authority, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.