- 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 two years and with fine, and where such offence is committed by a person in the service of the Government he shall be punishable with imprisonment for, a term which shall not be less than one year but which may extend to three years and with fine. Which may extend to one thousand rupees or with both.An offence punishable under this section is cognizable and non-bailable'.Explanation. - For the purpose of this section "booth capturing" includes among other things, all or any of the following activities, namely(i)seizure or closure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affect the orderly conduct of election;(ii)taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to .exercise their right to vote and prevent others from voting;(iii)threatening any elector or obstructing or preventing him from going to the polling station or a place fixed for the poll to caste his vote;(iv)seizure or closure or taking possession of a place for counting of votes by any person or persons making the counting authorities surrender the ballot papers or voting machines and the doing of any thing which affects the orderly counting of votes;(v)doing by any person in the service of the Government of all or any of the aforesaid activities or aiding or conniving at, any such activities in furtherance of the prospects of the election of a candidate or against the prospects of a candidate.
