Section 135A Offence of booth capturing - Representation of the People Act, 1951
What is Penalty for Offence of booth capturing?
Section 135A of Representation of the People Act, 1951
Section 135A : Offence of booth capturing
(1) Whoever commits an offence of booth capturing 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, 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 - For the purposes of this sub-section and section 20B, "booth
capturing" includes, among other things, all or any of the following activities,
(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
(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 prevent 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.
(2) An offence punishable under sub-section (1) shall be cognizable.