Act Number: 43

Act Name: The Representation of the People Act, 1951

Year: 1951

Enactment Date: 1951-07-17

Long Title: An Act to provide for the conduct of elections to 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.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 135: Removal of ballot papers from polling station to be an offence.
        (1) Any person who at any election 1[unauthorisedly] 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 woman 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 search 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.
Notes:
1. Subs. by Act 21 of 1996, s. 14, for "fraudulently" (w.e.f. 1-8-1996).
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