Section 6 in The Bihar State Election Authority Act, 2008
6. Electoral offences.
(1)Promoting enmity between classes in connection with election. - 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 or the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.(2)Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll. - (1) In any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area, no person shall-(a)convene, hold, attend, join or address any public meeting or procession in connection with an election; or(b)display to the public any election matter by means of cinematograph, television or other similar apparatus; or(c)propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto.Any person who contravenes the provisions of sub-section (2) shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.Explanation. - In this section, the expression "election matter" means any matter intended or calculated to influence or affect the result of any election.(3)Disturbance at election meetings. - (i) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both.An offence punishable under clause (i) shall be cognizable.Explanation. - This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon the constituency to elect a member or members and the date on which such election is held.(ii)If any police officer reasonably suspects any person of committing an offence under clause (i), he may, if requested so to do by the Election Authority or any officer authorized by it require that person to declare to him immediately his name and address and, if that person, refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police may arrest him without warrant.(4)Restrictions on the printing of pamphlets, posters, etc. - (i) 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 address of the printer and the publisher thereof.(ii)No person shall print or cause to be printed any election pamphlet or poster-(a)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(b)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.-(i)Where it is printed in the capital of the State, to the State Election Authority, and(ii)In any other case, to the District Magistrate of the district in which it is printed.Explanation. - For the purposes of this section-(a)any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression "printer" shall be construed accordingly; and(b)"election pamphlet or poster" means any printed pamphlet, handbill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates but does not include any handbill, placard or poster merely announcing the date, time, place and other particulars or an election meeting or routine instructions to election agents or workers.(iii)Any person who contravenes any of the provisions of clause (i) or clause (ii) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.(5)Maintenance of secrecy of voting. - (i) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate such secrecy.(ii)Any person who contravenes the provisions of clause (i) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.(6)Officers etc., at elections not to act for candidates or to influence voting. - (i) No person who is Election Officer or Returning Officer, or an Assistant Returning Officer, or a Presiding or Polling Officer at an election, or an officer or clerk appointed by the Returning Officer or the Presiding Officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of prospects of the election of a candidate.(ii)No such person as aforesaid, and no member of a police force, shall endeavour.-(a)to persuade any person to give his vote at an election, or(b)to dissuade any person from giving his vote at an election, or(c)to influence the voting of any person at an election in any manner.(iii)Any person who contravenes the provisions of clause (i) or clause (ii) shall be punishable with imprisonment which may extend to six months or with fine or with both.(iv)An offence punishable under clause (iii) shall be cognizable.(7)Prohibition of canvassing in or near polling stations. - (i) No person shall, on the date or dates on which a poll is taken at polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meters of the polling station, namely(a)canvassing for votes; or(b)soliciting the vote of any elector; or(c)persuading any elector not to vote for any particular candidate; or(d)persuading any elector not to vote at the election; or(e)exhibiting any notice or sign (other than an official notice) relating to the election.(ii)Any person who contravenes the provisions of clause (i) shall be punishable with fine which may extend to five hundred rupees, by the Magistrate having the local jurisdiction.(iii)An offence punishable under this sub-section shall be cognizable.(8)Penalty for disorderly conduct in or near polling stations. - (i) No person shall, on the date or dates on which a poll is taken at any polling station,-(a)use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice such as megaphone or a loudspeaker or(b)shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.(ii)Any person who contravenes, or willfully aids or abets the contravention of, the provisions of clause (i) shall be punishable with imprisonment which may extend to three months or with fine or with both.(iii)If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.(iv)Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of clause (i) and may seize any apparatus used for such contravention.(9)Penalty for misconduct at the polling station. - (i) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding officer.(ii)the powers conferred by clause (i) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.(iii)if any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.(iv)An offence punishable under clause (iii) shall be cognizable.(10)Penalty for failure to observe procedure for voting. - If any elector to whom a ballot paper has been issued, refused to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.(11)Penalty for illegal hiring or procuring of conveyance at elections. - If any person is guilty of any such corrupt practice as is specified in clause (vi) of Section-14 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.(12)Breaches of official duty in connection with election. - (i) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.(ii)An offence punishable under clause (i) shall be cognizable.(iii)No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.(iv)The persons to whom this section applies are the Election Officers, Returning Officers, Assistant Returning Officers, Presiding Officers, Polling Officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidates, or the recording or counting of votes at an election, and the expression "official duty" shall for the purpose of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.(13)Penalty for Government servants for acting as election agent, polling agent or counting agent. - If any person in the service of the Government 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.(14)Prohibition of going armed to or near a polling station. - (i) No person, other than the Returning Officer, the Presiding Officer, any police officer and any other person appointed to maintain peace and order, at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of a polling station.(ii)If any person contravenes the provisions of clause (i), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.(iii)Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked under Section 17 of that Act.(iv)An offence punishable under clause (ii) shall be cognizable.(15)Removal of ballot papers from polling station to be an offence. - (i) Any person who at any election takes, or attempts to take, a ballot paper out of a polling station, or willfully 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.(ii)If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under clause (i), 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.(iii)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.(iv)An offence punishable under clause (i) shall be cognizable.(16)Offence of booth capturing. - Whoever commits an offence of booth capturing shall be punishable with imprisonment for term which shall not be less than one year 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, 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;Explanation. - (1) For the purposes of this clause "booth capturing" includes, among other things, all or any of the following activities, namely:(a)seizure 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 affects the orderly conduct of elections;(b)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 preventing others from free exercise of their right to vote;(c)coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;(d)seizure 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 anything which affects the orderly counting of votes;(e)doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.(17)Other offences and penalties therefor. - (i) A person shall be guilty of an electoral offence if at any election he-(a)fraudulently defaces or fraudulently destroys any nomination paper; or(b)fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer; or(c)fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or(d)without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or(e)fraudulently puts into any ballot box anything other than the ballot papers which he is authorized by law to put in; or(f)without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers therein used for the purposes of the election; or(g)fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.(ii)Any person guilty of an electoral offence under this section shall-(a)if he is a Returning Officer or an Assistant Returning Officer or a Presiding Officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both;(b)if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both.(iii)For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of any election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act.(iv)An offence punishable under sub-section (ii) shall be cognizable.
