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Section 135 – The Representation of the People Act,1951

The Representation of the People Act,1951

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 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.

(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 subsection (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 in 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) All offence punishable under sub-section (1) shall be cognizable.

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1. Subs. by Act 21 of 1996, sec. 14 (w.e.f. 1-8-1996).

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