(1) Any person who at an election fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
     (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
     Provided that when it is necessary to cause a women to be searched, the search shall be made by another woman with strict regard to decency.
     (3) Any ballot paper found upon the person arrested on search1 or a ballot box or a voting machine or part thereof found being carried away by a person outside the polling station shall be made over for safe custody to a police officer by the presiding officer or when the search is made by a police officer, shall be kept by such officer in safe custody.
     (4) An offence punishable under sub-section (1) shall be cognizable.