Download pdf - Part-I MAJOR LEGAL PROVISIONS - SCERT

Part-IMAJOR LEGAL PROVISIONS

Part-IIVULNERABILITY MAPPING & IDENTIFICATION OF

CRITICAL PS AND CLUSTERS

Election Training of Police Officers

Learning Module for Police Personnel 1

Part-IMAJOR LEGAL PROVISIONS

1.1 CrPC1.2 RP Act 19511.3 IPC


Sub Learning Objective 1.1: To be able to recall relevant sections of CrPC-1973


• In every district & in every metropolitan area, the State government may appoint as many persons as it thinks fit to be Executive Magistrates & will appoint one of them to be a District Magistrate

• Whenever in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State government, exercise all the powers & perform all the duties respectively conferred by this code on the District Magistrate

Section 20: Executive

Magistrates



• The State government may appoint ,Executive Magistrates to be known as Special Executive Magistrates for particular areas or for the performance of particular functions & confer on them such of the powers as are conferrable under this code Section

Section 21: Special Executive Magistrates

Learning Module for Police Personnel


5

• Subject to the control of the State Government, the District magistrate may from time to time , define the local limits of the areas within which the Executive magistrates may exercise any of the powers with which they are vested in this Code

Section 22: Local jurisdiction of

Executive Magistrates



6

• All executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate & every Executive Magistrate exercising powers in a sub division shall also be subordinate to the Sub divisional magistrate, subject however to the general control of the District Magistrate

• He can from time to time make rules/ give orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him & as to the allocation of business to an additional District Magistrate

Section 23: Subordination of

executive Magistrates



7

• Upon the completion of each census, the allocation of seats in the House of People to the States & division of each state into territorial constituencies shall be readjusted by such authority & in such manner as Parliament may by law determine

Section 3: Construction of References



8

• When any offence is committed in the presence of a Magistrate,whetherExecutive/Judicial, within his local jurisdiction, he may himself arrest/ order any person to arrest the offender & may thereon subject to the provision herein contained as to bail, commit the offender to custody

• People to the States & division of each state into territorial constituencies shall be readjusted by such authority & in such manner as Parliament may by law determine

Section 44: Arrest by Magistrate

Section 44: Arrest by Magistrate



9

• Officers in charge of police stations shall report to the District Magistrate / if he so directs to the Sub divisional Magistrate, the cases of all persons arrested without warrant within the limits of their respective stations , whether such persons have been admitted to bail or otherwise

Section 58: Police to report apprehensions



10

• Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place shall, on demand of the officer or other person executing the warrant & on production of the warrant, allow him free ingress thereto & afford all reasonable facilities for a search therein

• Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made , such person may be searched

Section 100: Persons in charge of closed place to

allow search

Section 100: Persons in charge of closed place to

allow search



11

• The court may at the time of passing sentence on such person , order him to execute a bond, with or without sureties , for keeping the peace for such period not exceeding 3 years as it thinks fit

• If conviction is set aside on appeal or otherwise, the bond so executed shall become void

Section 106: Security for keeping the peace

on conviction



12

• When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace & is of the opinion that there is sufficient ground for proceeding ,he may require such person to show why he should not be ordered to execute a bond for keeping the peace for such period not exceeding 1 year as the Magistrate thinks fit

• Breach of peace should be apprehended within his local jurisdiction

• When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace & is of the opinion that there is sufficient ground for proceeding ,he may require such person to show why he should not be ordered to execute a bond for keeping the peace for such period not exceeding 1 year as the Magistrate thinks fit

• Breach of peace should be apprehended within his local jurisdiction

Section 107: Security for

keeping peace in

other cases



13

• Any person who either orally/writing or any other manner intentionally disseminates any matter the publication of which is punishable under Section 124A/3 A/B/295A of the Indian Penal Code

• or any matter concerning a Judge acting /purporting to act in the discharge of his official duties which amount to criminal intimidation /defamation under the Indian penal Code

• Makes/produces/ in any other manner puts into circulation any obscene matter such as referred to in section 292 of the Indian Penal Code

Section 108: Security for good

behavior from persons

disseminating seditious matters



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• A person taking precaution to conceal his presence & there is reason to believe that he doing so with a view to committing a cognizable offence, the Magistrate may in manner hereinafter provided require such person to show cause why he should not be ordered to execute a bond with or without sureties, for such period not exceeding 1 year as the Magistrate thinks fit

Section 109: Security for good behavior

from suspected persons



15

• A person who is by habit a robber, house breaker, thief or forger

• is by habit a receiver of stolen property knowing the same to have been stolen

• habitually protects /harbors thieves or aids in the concealment/disposal of stolen property

• habitually commits the offence of kidnapping, abduction, extortion, extortion, cheating or any offence punishable under chapter XII of the Indian Penal Code or 489 A, 489 B, 489 C,489 D

• & Other acts as specified under this section


good behavior from habitual

offenders


good behavior from habitual

offenders



16

• When a magistrate deems it necessary to require any person to show cause under such section he shall make an order in writing, setting forth the substance of information received, character and class of sureties if any required

Section 111: order to be

made



17

• If such person on whom order is made, is present in the Court, it shall be read over to him,

• If he so desires the substance thereafter shall be explained to him

Section 112: Procedure in

respect of person

present in Court



18

• If such person is not present in court ,the Magistrate shall issue in a summon requiring him to appear or when such person is in custody, a warrant directing the officer in whose custody he is, to bring him before the court

• Magistrate may anytime issue a warrant for his arrest

Section 113: Summons or

warrant in case of person not so present



19

• Every summon or warrant issued under sec 113 shall be accompanied by a copy of the order made under Sec 111

• such copy shall be delivered by the officer serving the person served with or arrested under the same

Section 114: Copy of order to

accompany summons or

warrant

Section 114: Copy of order to

accompany summons or

warrant



20

• The Magistrate may if he sees sufficient cause dispense with the personal attendants of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace of a good behavior & may permit him to appear by a pleader

Section 1: Power to dispense with

personal attendance



21

• When an order under Sec 111 has been read/explained under Sec 112 to a person present in court, the magistrate shall proceed to inquire into the truth of the information upon which action has been taken

Section 116: Inquiry as to

truth of information



22

• If upon such inquiry it is proved that it is necessary for keeping the peace or maintaining good behavior the person in respect of whom the inquiry is made should execute a bond

• If upon such inquiry it is proved that it is necessary for keeping the peace or maintaining good behavior the person in respect of whom the inquiry is made should execute a bond

Section 117: Order to give

security



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• If on an inquiry under Sec 116 it is not proved that it is necessary for keeping the peace/good behavior the person in respect of whom the inquiry is made should execute a bond , the magistrate should make an entry on the record to that effect

• If such person is in custody only for the purpose of inquiry shall release or discharge him

• If on an inquiry under Sec 116 it is not proved that it is necessary for keeping the peace/good behavior the person in respect of whom the inquiry is made should execute a bond , the magistrate should make an entry on the record to that effect

• If such person is in custody only for the purpose of inquiry shall release or discharge him

Section 118: Discharge of

person informed against



24

• Shall commence on the expiration of such sentence

• In other cases such period shall commence on the date of such order unless the Magistrate for sufficient reason fixes a later date

Section 119: Commencement

of period for which security is

required



25

• The bond to be executed by any such person shall bind him to keep the peace & in latter case the commission or attempt to commit any offence punishable with imprisonment is breach of the bond

Section 120: Contents of

Bond

Section 120: Contents of

Bond



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• Magistrate may refuse to accept any surety offered on grounds that such surety is an unfit person for the purpose of the bond

Section 121: Power to reject sureties

• If any person ordered to give security under Sec 107/117 does not give it, before the date on which the period of such security is given, be detained in prison until such period expires

Section 122: Imprisonment &

default of security



27

• Whenever the Magistrate is of the opinion that person imprisoned for failing to give security be released without hazard to community or person

• Such person should be discharged

Section 123: Power to release person

imprisoned for failing to give

security



28

• A copy of the order shall be given without payment to the person in whose favor it is made /his guardian or to the person to whom the allowance is to be paid

Section 128: Enforcement of

order of maintenance



29

• Executive Magistrate /officer in charge of a police station may command any unlawful assembly or any assembly of five or more persons likely to cause a disturbance of the public peace , to disperse & it shall thereupon be the duty of the members of such assembly to disperse accordingly

• They can arrest /confine a person forming a part of it in order to disperse such assembly /that they may be punished according to the law

Section 129: Dispersal of

Assembly by use of civil

force



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• If it is necessary for public security that such assembly should be dispersed ,the Executive Magistrate of the highest rank may cause it to be dispersed by armed forces

• Every such officer of the armed forces shall obey requisition in such manner as he thinks fit, but in doing so he shall use as little force

Section 130: Use of armed

forces to disperse assembly



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• When the public security is manifestly endangered by any such assembly & no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse assembly with the help of the armed forces under his command & may arrest & confine any person forming a apart of it

Section 131: Power of certain

armed force officers to disperse assembly



32

• No prosecution against any person under Sec 129,130,131 shall be instituted in any criminal court except :

• with the sanction of the Central Government, where such person is an officer /member of the armed forces

• with the sanction of the State Government in any other case

• No executive Magistrate, Police officer under any of the said sections in good faith

Section 132: Protection

against prosecution

for acts done under

preceding sections



33

• Whenever a District Magistrate/sub divisional Magistrate or any other Executive Magistrate specially empowered in this of behalf by the State Government, on receiving report of a police officer/other information & on taking evidence as he thinks fit considers that any unlawful obstructions or nuisance should be removed from a public place he may make a conditional order requiring the person causing such obstruction/carrying such trade or any other thing as specified

• No order duly made under this section shall be called in question in any civil court

Section 133: Conditional

order for removal of nuisance



34

• The order, will be served on the person against whom it is made, in this manner herein provided for service of a summons

• If it cannot be served, it shall be notified by proclamation, published in such manner as the State government specifies

Section 134: Service or

notification of order



35

• The person against whom order is made shall:

• perform, within time & manner specified in the order, the act directed thereby

• appear in accordance with such order & show cause against the same

Section 135: Person to

whom addressed to obey or show

cause



36

• He shall be liable to the penalty prescribed in that behalf in section 188 of IPC & the order shall be made absolute

Section 136: Consequences

of his failing to do so



37

• The Magistrate can ,to the person against whom the order is made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place & if he does so, the Magistrate shall before proceeding under sec 138 inquire into the matter

Section 137: Procedure

where existence of

public right is denied



38

• The Magistrate shall take evidence in the matter as in a summons case

• If the Magistrate is satisfied that the order either as originally made or modified is reasonable & proper ,the order shall be made absolute

Section 138: Procedure where he

appears to show cause



39

• For the purpose of inquiry under Sec 137 the Magistrate may direct a local investigation & to be made by such person as he thinks fit

• summon & examine an expert

Section 139: Power of Magistrate to

direct local investigation &

examination of an expert



40

• Where a Magistrate directs local investigation by any person he may furnish written instructions as may seem necessary for his guidance

• declare by whom the whole /any part of the necessary expenses of the local investigation shall be paid

Section 140: Power of a Magistrate to

furnish written instructions etc.



41

• The Magistrate shall give notice to the person on whom the order was made & shall further require him to perform the act directed by the order within a fixed time

• In case of disobedience he will be liable to the penalty by section 188 of IPC

Section 141: Procedure on order

being made absolute &

consequences of disobedience



42

• If a Magistrate making an order under Sec 133 considers that immediate measures should be taken to prevent imminent danger /inquiry of a serious kind to the public, he may issue such an injunction to the person against whom the was made

Section 142: Injunction pending inquiry



43

• May order any person not to repeat or continue a public nuisance as defined in the IPC or any special or local law

Section 143: Magistrate may

prohibit repetition or continuance of public

nuisance



44

• A Magistrate may by a written order stating the material facts of the case direct any person to abstain from a certain act or to take order with respect to certain property in his possession, if such Magistrate considers that such direction is likely to prevent or tends to prevent obstruction or danger to any person

Section 144: Power to issue order in urgent cases of

nuisance of apprehended danger



45

• Whenever an executive Magistrate is satisfied that a dispute likely to cause a breach of peace exists concerning any land /boundaries within his local jurisdiction he shall make an order in writing stating the grounds of his so satisfied & requiring the parties concerned in such dispute to attend his Court in person /by pleader on a specified date & time

Section 145: Procedure where

dispute concerning land or water is likely to cause

breach of peace



46

• When an officer in charge of a police station empowered by the State Government in that behalf receives information that a person has committed suicide or has been killed by another /animal/machinery/accident /has died under circumstances raising a reasonable suspicion that some other person ahs committed an offence, he shall immediately give intimation to the nearest Executive Magistrate empowered to hold inquests & shall make an investigation of the matter

Section 174: Police to enquire

& report on suicide etc



47

• Any Magistrate so empowered shall hold an inquiry into the cause of death either instead of or in addition to the investigation held by the police officer , and if he does so he shall have all the powers in conducting it which he would have in holding an inquiry into an offence

Section 176: Inquiry by Magistrate into

cause of death



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Sub Learning Objective 1.2: To list down major legal

provisions with respect to conduct of elections


Sub Learning Objective 1.2: Representation of the People’s Act 1951


PART V: Conduct of Elections- Chapter I: Nomination of Candidates

• Deliver to the Returning officer a nomination paper in the prescribed form by a candidate or proposer between 11a.m.and 3p.m. on notified days

Sec 33: Presentation of Nomination Paper &

requirements for a valid nomination

• Furnish Information regarding being accused/convicted of any offence

• Candidate/proposer to submit an affidavit verifying the information to the RO ,wherein he shall display it at his office

Sec 33A: Right to Information


PART V: Conduct of Elections- Chapter V: Counting of Votes

• In the absence of any direction by EC, RO to declare the result of election in manner provided by this Act/Rules

• In the absence of any direction by EC, RO to declare the result of election in manner provided by this Act/Rules

Sec 66: Declaration of Results

• RO to report result of election to EC & Appropriate authority as prescribed

• RO to report result of election to EC & Appropriate authority as prescribed

Sec 67: Report of the Result

• Date on which candidate is declared by the RO to be elected shall be the date of election of that candidate

• Date on which candidate is declared by the RO to be elected shall be the date of election of that candidate

Sec 67A: Date of election of candidate



PART V: Conduct of Elections- Chapter VI: Multiple Elections

• By notice is writing within ten days from the date candidate is chosen ,signed by him & delivered to the EC ,intimating which house he wishes to serve ,thereupon his seat in the House not chosen becomes vacant

• By notice is writing within ten days from the date candidate is chosen ,signed by him & delivered to the EC ,intimating which house he wishes to serve ,thereupon his seat in the House not chosen becomes vacant

Sec 68: Vacation of seats when elected to

both houses of Parliament

• Person already a member of either house who has taken his seat if chosen for other house ,his seat in the taken house becomes vacant on the date he is chosen

• Person already a member of either house who has taken his seat if chosen for other house ,his seat in the taken house becomes vacant on the date he is chosen

Sec 69: Vacation of seats by persons

already members of one House on

election to other House of Parliament



PART V: Conduct of Elections- Chapter VI: Multiple Elections

• Unless within the prescribed time he resigns all but one of the seats by writing to the Speaker/chairman/authority, all the seats shall become vacant

• Unless within the prescribed time he resigns all but one of the seats by writing to the Speaker/chairman/authority, all the seats shall become vacant

Sec 70: Election to more than one seat in

either House of Parliament or in the

House or either House of the

Legislature of a State




PART V: Conduct of Elections- Chapter VII & VIIA: Publication of Election

Results and Nominations & Declaration of Assets and Liabilities

• Publication of Results of Elections to the Council of States and of the names of persons nominated by President

Sec 71

• Publication of Results of Elections for Reconstitution of electoral colleges for certain UT [Repealed by the Territorial

Councils Act, 1956 (103 of 1956)]

Sec 72

• Results will be notified in the Official Gazette by the EC along with the names of the members elected for the constituency ,hence shall be deemed constituted

Sec 73: Publication of results of general

elections to the House of People and State

Legislative Assemblies and of names of

persons nominated thereto



PART VI: Disputes Regarding Elections: Chapter II- Presentation of

Election Petitions to High Court

• No election shall be called in question except by an Election petition in accordance with the provisions laid

• No election shall be called in question except by an Election petition in accordance with the provisions laid

Sec 80: Election Petitions

• Jurisdiction lies with the High Court –Single Judge & Chief justice & their assigned judge/s

• Jurisdiction lies with the High Court –Single Judge & Chief justice & their assigned judge/s

Sec 80A: High Court to try election petitions

• By candidate/elector within 45 days of date of election on grounds specified by sub sec(1) of Sec 100& Section 101 of this Act

• By candidate/elector within 45 days of date of election on grounds specified by sub sec(1) of Sec 100& Section 101 of this Act

Sec 81: Presentation of Petitions



PART VI: Disputes Regarding Elections: Chapter II- Presentation of

Election Petitions to High Court

• Petitioner to join as a respondent to his petition when he claims that he /other candidate has been duly elected

• Petitioner to join as a respondent to his petition when he claims that he /other candidate has been duly elected

Sec 82: Parties of the Petitions

• Contain verified concise statement of material facts relied on by the petitioner, corrupt practices alleged ,& his signature

• Contain verified concise statement of material facts relied on by the petitioner, corrupt practices alleged ,& his signature

Sec 83: Contents of Petition

• Claim a further Declaration that he/other candidate has been duly elected

• Claim a further Declaration that he/other candidate has been duly elected

Sec 84: Relief that may be claimed by the

Petitioner

• Procedure on receiving petition [Repealed by Representation of the People (Amendment) Act, 1966 (47 of 1966)]

Sec 85:

PART VI: Disputes Regarding Elections: Chapter III – Trial of Election Petitions

• Petitions not complying with provisions of Sec 81/82/112 of this Act shall be dismissed

• Trial shall be deemed to commence on the date fixed for the respondents to appear before the High Court

Sec 86: Trial of Election Petitions

• Petition shall be tried in accordance with the procedure applicable under Code of Civil Procedure,1908 (5 of 1908 to the trial of the suits & Indian Evidence Act ,1872

Sec 87: Procedure before the High Court

• Place of Trial• Attendance of Law Officers• Procedure & Appearance before the Tribunal• Powers of tribunal

Sec 88-92 (repealed by Act 47 of 1966)



57


• No document shall be inadmissible in evidence at the trial of Election petition on ground that it is not duly stamped /registered

Sec 93: Documentary Evidence

• No witness /other person shall be required to state for whom he has voted

Sec 94: Secrecy of Voting not to be

Infringed

• No witness shall be excused from answering any question relevant to a trial of election petition

Sec 95: Answering criminating questions & certificate of indemnity

• Reasonable expenses incurred in attending to give evidence to be deemed to be part of the costs

Sec 96: Expenses of Witnesses



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• When Declaration claiming election of any other candidate is made ,the returned candidate /other party may give evidence to prove that the election would have been void if he had been the returned candidate

Sec 97: Recrimination when seat claimed

• At the conclusion of the trial, High Court shall make an order for dismissing the election petition/declaring the election any/all of the returned candidates to be void /other candidate to have been duly elected

Sec 98: Decision of the High Court


59



• With regard to charge of any corrupt practice ,fixing the total amount of costs payable & persons by &whom costs shall be paid

Sec 99: Other Orders to be made by High Court

• Various grounds for declaring election of the returned candidate to be void

Sec 100: Grounds for declaring election to be

void

• High Court is of the opinion that the petitioner /other candidate received a majority of the valid votes/votes are obtained by corrupt practice

Sec 101: Grounds for which candidate other

than returned candidate may be

declared to have been elected


60



PART VII: Corrupt Practices and Electoral Offences: Chapter I- Corrupt

Practices

• Corrupt Practices

• Definitions of bribery, undue influence, inciting religious sentiments, booth capturing, etc.

• Corrupt Practices

• Definitions of bribery, undue influence, inciting religious sentiments, booth capturing, etc.

Sec 123



PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences

• Promoting enmity on grounds of religion, race, caste, community ,language, feelings is punishable

• Imprisonment upto 3 years /fine/both

• Promoting enmity on grounds of religion, race, caste, community ,language, feelings is punishable


Sec 125: Promoting Enmity between classes

in connection with election

• Imprisonment upto 6 moths/fine/both• Imprisonment upto 6 moths/fine/bothSec 125A: Penalty for

filing false affidavit, etc.

• Imprisonment upto 2 years/fine/both• Imprisonment upto 2 years/fine/both

Sec 126: Prohibition of public meetings during

period of 48 hours ending with hour fixed for conclusion of poll




• For the date & time specified by the EC by a general order


• For the date & time specified by the EC by a general order


Sec 126A: Restriction on publication and

dissemination of result of exit polls, etc.

• Offence under sub section (2) Section 126A

• Every person responsible for the conduct of business of the company shall be deemed guilty unless proven

• Offence under sub section (2) Section 126A

• Every person responsible for the conduct of business of the company shall be deemed guilty unless proven

Sec 126B: Offences by companies




• Public meeting of a political character

• If Police Officer suspects any person ,he can be arrested without warrant

• Imprisonment upto 6 months /fine upto 2000 rupees

• Public meeting of a political character

• If Police Officer suspects any person ,he can be arrested without warrant

• Imprisonment upto 6 months /fine upto 2000 rupees

Sec 127: Disturbances at

election meetings

• Election pamphlet/poster which does not bear the name & addresses of the printer /publisher shall not be printed

• Declaration as to the identity of the publisher is to be sent to the printer signed by publisher and attested by 2 persons personally known to him

• Copy of the declaration and the document should be sent by the printer to the CEO/District Magistrate as per location

• Imprisonment upto 6 months /fine up to Rs. 2000/ both

• Election pamphlet/poster which does not bear the name & addresses of the printer /publisher shall not be printed

• Declaration as to the identity of the publisher is to be sent to the printer signed by publisher and attested by 2 persons personally known to him

• Copy of the declaration and the document should be sent by the printer to the CEO/District Magistrate as per location

• Imprisonment upto 6 months /fine up to Rs. 2000/ both

Sec 127A: Restrictions on the

printing of pamphlets, posters,

etc.




• Officer/clerk/agent/person performing duty in connection to Election shall not communicate to any person any information calculated to violate such secrecy

• Officer/clerk/agent/person performing duty in connection to Election shall not communicate to any person any information calculated to violate such secrecy

Sec 128: Maintenance of secrecy of voting

• No act for the furtherance of the prospects of the election of a candidate should be done

• Imprisonment upto 6 months /fine/both

• No act for the furtherance of the prospects of the election of a candidate should be done

• Imprisonment upto 6 months /fine/both

Sec 129: Officers, etc. at elections not to act for

candidates or to influence voting

• No canvassing on the date/dates on which the poll is taken

• Fine upto 250 rupees

• No canvassing on the date/dates on which the poll is taken

• Fine upto 250 rupees

Sec 130: Prohibition of canvassing in or near

polling stations



PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral

Offences

• Imprisonment upto 3 months /fine/both & Police Officer has the right to arrest and take necessary actions

• Imprisonment upto 3 months /fine/both & Police Officer has the right to arrest and take necessary actions

Sec 131: Penalty for disorderly conduct in or

near polling stations

• Imprisonment upto 3 months /fine /both • Imprisonment upto 3 months /fine /both Sec 132: Penalty for

misconduct at the polling station

• Elector refusing to observe procedure for voting the ballot paper shall be liable for cancellation

• Elector refusing to observe procedure for voting the ballot paper shall be liable for cancellation

Sec 132A: Penalty for failure to observe

procedure for voting

• Imprisonment upto 3 months & fine • Imprisonment upto 3 months & fine

Sec 133: Penalty for illegal hiring or procuring of

conveyance at the elections




Offences

• Fine upto 500 Rupees

• Applicable to DEO, RO, ARO, PrO ,Polling Officers & any other person appointed to perform duty in connection with receipt of nomination of withdrawal of candidatures /recording/counting of votes

• Fine upto 500 Rupees

• Applicable to DEO, RO, ARO, PrO ,Polling Officers & any other person appointed to perform duty in connection with receipt of nomination of withdrawal of candidatures /recording/counting of votes

Sec 134: Breaches of official duty in connection with

elections

• Imprisonment upto 3 months/fine/both • Imprisonment upto 3 months/fine/both

Sec 134A: Penalty for government servants for acting as election agent, polling agent or counting

agent

• Except RO, Presiding Officer/Police Officer /person appointed to maintain peace & order at the polling station

• Imprisonment upto 2 years/fine /both

• Except RO, Presiding Officer/Police Officer /person appointed to maintain peace & order at the polling station

• Imprisonment upto 2 years/fine /both

Sec 134B: Prohibition of going armed to or near a

polling station


• Unauthorizedly takes ballot paper outside the polling station

• Imprisonment upto 1 year/fine upto 500 rupees/both

Sec 135: Removal of ballot papers from

polling station to be an offence

Sec 135: Removal of ballot papers from

polling station to be an offence

• Imprisonment upto 3 years & fine ,if committed by a person in service of Government term is upto 5 years & fine

• Booth capturing: seizure/taking possession of polling station/place of counting of votes /threatening any elector

Sec 135A: Offence of booth capturing

Sec 135A: Offence of booth capturing

• Every person entitled to vote at an election to be granted a day of poll without deduction of wages

Sec 135B: Grant of paid holiday to employees

on the day of poll

Sec 135B: Grant of paid holiday to employees

on the day of poll



Offences


• Within a polling area during 48 hours ending with the conclusion of the poll

Sec 135C: Liquor not to be sold, given or

distributed on polling day

Sec 135C: Liquor not to be sold, given or

distributed on polling day

• Guilty of electoral offence :tampering with ballot box or ballot paper /nomination paper fraudulently

• Imprisonment upto 6 months or 2 years /fine /both

Sec 136: Other offences and penalties thereof [Sub sections

to (1)-(4)]

Sec 136: Other offences and penalties thereof [Sub sections

to (1)-(4)]


Offences



PART VIII: Disqualifications: Chapter IV – Powers of Election Commission

in connection with Inquires as to Disqualification of Members

• For purposes of inquiry ,EC has the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908

• For purposes of inquiry ,EC has the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908

Sec 146: Powers of Election Commission

• No statement made by a person in the course of giving evidence be used against him in any civil/criminal proceeding except a prosecution for giving false evidence

• No statement made by a person in the course of giving evidence be used against him in any civil/criminal proceeding except a prosecution for giving false evidence

Sec 146A: Statements made by Person to the Election Commission

• EC has the power to regulate its own procedure

• EC has the power to regulate its own procedure

Sec 146B: Procedure to be followed by the

Election Commission

• No suit/prosecution for action taken in good faith

• No suit/prosecution for action taken in good faith

Section 146C: Protection of action taken in good

faith

(Chapters I-III repealed by 47 of 1966)


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PART X: Miscellaneous

• To be done as soon as the results of the election are declared, in case of death as soon as the publication of list

Sec 158: Return or forfeiture of candidate’s

deposit

• On request of Regional Commissioner /CEO of the state for RO

• Authorities: Local Authority ,University under Central, Provincial Act, Govt. Company

Sec 159: Staff of certain authorities to be made available for election

work

• By State Government order in writing for requisition to be used until the completion of the poll

Sec 160: Requisitioning of premises, vehicles,

etc. for election purposes




72


• Compensation amount for Requisition of premises/vehicle etc to the person(owner)

Sec 161: Payment of compensation

• From owner of the property ,information related to the possessed property

Sec 162: Power to obtain information

• Person Authorized by the State Government

Sec 163: Power of entry into and

inspection of premises etc.



73


• Any person remaining in possession of any requisitioned premises in contravention of any order made by the Govt. through an Officer

Sec 164: Eviction from requisitioned premises

• By delivering the possession to the ownerSec 165: Release of

premises from requisition

• Notification in the Official Gazette direct the exercise of powers of the State Government by the specified officers

Sec 166: Delegation of functions of the State Govt. with regard to

requisitioning

• Imprisonment upto 1 year /fine /both

Sec 167: Penalty for contravention of any

order regarding requisitioning



74

PART XI: General

• Central Govt. after consulting with the Election Commission by notification in the Official Gazette make rules for carrying out the purposes of this Act

• Central Govt. after consulting with the Election Commission by notification in the Official Gazette make rules for carrying out the purposes of this Act

Sec 169

• No civil court shall have jurisdiction to question the legality of any action by the RO /person appointed under this Act in connection with election

• No civil court shall have jurisdiction to question the legality of any action by the RO /person appointed under this Act in connection with election

Sec 170: Jurisdiction of civil courts barred


Sub Learning Objective 1.3: To be able to recall relevant

sections of the Indian Penal Code, 1860

Learning module for Police Personnel 75

• Promoting or attempting to promote on ground of religion , caste, community , race or language ,feeling of enmity between different classes of citizens of India

• 3 years of imprisonment or fine or both

Section 123A




• 'candidate ' means a person who has been nominated as candidate at any election

• 'electoral right ' means the right to stand, or not to stand as, or to withdraw from being a candidate or to vote or refrain from voting at an election

Section 171A: 'Candidate',

'Electoral right' defined




Section 171B/171E: Bribery & Punishment for bribery

Whoever gives a gratification to any person to induce him to exercise any

electoral right

Accepts for himself /someone else any

gratification as a reward for exercising

any such right, commits the offence

of bribery

Person who offers to

give gratification

will be deemed to

give a gratification

A person who obtains a gratification will be deemed to accept a

gratification, & a person who accepts a

gratification as a motive for doing what he does not intend to do, will be deemed to

have accepted the gratification as a

reward

1 year's imprisonment or fine or both




• Whoever interferes with the free exercise of any electoral right commits offence of undue influence at an election

• Including threatening any candidate/voter, with injury of any kind

• Induces a candidate/voter to believe that he /any person wherein his interest lies will become an object Divine displeasure/spiritual pleasure, will be deemed to interfere with free exercise of electoral right

• A promise of public action without intent to interfere with an electoral right , will not be interference

Section 171 C: Undue

influence at election

• 1 year imprisonment or fine or bothSection

171F




• Whoever applies to vote in the name of any other person and commits the offence of personation at an election

• Nothing will apply to a person who has been authorized to vote as a proxy for an elector under any law

Section 171D: Personation at

elections

• 1 year's imprisonment or fine or both Section 171F:




• Whoever with intent to affect the result of an election makes any statement, in relation to personal character /conduct of any candidate will be punished with fine

• 1 year's imprisonment or fine or both

Section 171 G: False

statement in connection

with a election




• Without the general /special authority in writing of candidate if anyone incurs expenses for the purpose of promoting / procuring the election of such candidate

• If any person incurs such expenses not exceeding amount of 10 rupees without authority ,but obtains within ten days from the date on which such expenses were incurred, approval in writing of the candidate, shall be deemed to have incurred such expenses with the authority of candidate

• Punishment with fine which may extend to 500 rupees

Section 171H: Illegal payments, in connection

with an election




• Whoever fails to keep account of election expenses will be punished with fine which may extend to 500 rupees

Section 171 I:

Failure to keep

election accounts




• Whoever makes any statement to create feelings of enmity, ill will, hatred between different religious, racial, language or regional groups or castes/communities, will be punished with imprisonment which may extend to 3 years / fine or with both

• Imprisonment upto 5 years and fine

Sec 505 (2): Statements creating or promoting

enmity/ hatred/ ill will

between classes




• Whoever voluntarily causes simple or grievous hurt or assaults to deter a public servant from discharging his duty

• Imprisonment from 2 to 10 years and fine

Section 332/333/353:




Part-IIVULNERABILITY MAPPING

IDENTIFICATION OF CRITICAL POLLING STATIONS AND CRITICAL CLUSTERS


Learning Objective : To be conversant with the concept of vulnerability mapping and criteria for identification of

critical polling stations and critical clusters


To be able to answer What is Vulnerability

To be able to answer What is Vulnerability

Mapping

To list the personnel involved in & Process

of Vulnerability Mapping

To list the Information requisite for

Vulnerability Mapping

To list criteria for identifying Critical

Polling Stations

To list steps of Response Protocol at

Critical Polling Stations

Sub Learning Objective: Definition of Vulnerability

Vulnerabilityas defined by

ECI

Vulnerabilityas defined by

ECI

susceptibility of any voter or section of

voters, whether or not living in a

geographically identifiable area,

susceptibility of any voter or section of

voters, whether or not living in a

geographically identifiable area,

to be fully prevented from or influenced upon in

relation to the exercise of his right

to vote in a free and fair manner,

to be fully prevented from or influenced upon in

relation to the exercise of his right

to vote in a free and fair manner,

through intimidation or use of undue influence

or force of any kind on him/her.

through intimidation or use of undue influence

or force of any kind on him/her.


Sub Learning Objective: Definition of Vulnerability Mapping

To clearly identify vulnerable voters/sections

of voters

To identify the persons/ factors causing such

vulnerability and

To plan and take adequate corrective action well in

advance.


Sub Learning Objective: Personnel & Process of Vulnerability Mapping


Sector Officers collect requisite information

Local SHO/BDO consulted before finalizing

SOs submit information to RO

RO compiles information for entire constituency, polling stations wise

DEO & SP finalize the Vulnerability mapping report and develop & initiate preventive measure

Sub Learning Objective: To list the Information requisite for Vulnerability Mapping

1. Identification by SO of vulnerable areas/communities by visiting catchment area of respective polling stations

2. Meetings with community, local intelligence, etc. 3. Identify source of threat and intimidation4. Identify names of people who are likely to start such

offence of undue influence5. Take into account past incidences and current

apprehensions6. Finalize in consultation with SHO, BDO, Tehsildar7. Identify point of contact within the community so that

information related to such incidences can be tracked immediately

8. Polling Station wise lists shall be prepared




Format for Submitting Information by SO to RO for each locality/ Pocket –

Annexure I - Additional Instructions

Action

ies

Action

Taken/Propo

sed for

identified

vulnerable

houses/famil

ies

Action

Taken/Propo

sed against

identified

persons

causing

vulnerability


Format for Submitting Information by RO to DEO for AC- Annexure II: Additional

Instructions


Action

milies

Action

Taken/Pr

oposed

for

identified

vulnerabl

e

houses/fa

milies

Action

vulnerability

Action

Taken/Proposed

against identified

persons causing

vulnerability

No. of Vulnerable

Families/HHs Identified


Format for Submitting Information by DEO to CEO for AC- Annexure III- Additional

Instructions


No. of PS where

identified

No. of PS where

vulnerable families

identified

No. of persons No. of persons

identified

against whom

no action taken

Reasons for no

action taken

Action being taken to

prevent vulnerability

Sub Learning Objective: Criteria for Critical Polling Stations


Polling stations where more than 75% of

votes recorded for one candidate

Polling station that went for re-poll during

last election due to reported electoral

malpractices

Polling stations that witnessed any sort of electoral violence in

past election

Polling stations with high numbers of voters with no family linkages

Polling stations with high number of non-

EPIC voters

Sub Learning Objective: Response Protocol for Critical Polling Stations

DEO & SP shall initiate all preventive measures & confidence building measures

Tours to vulnerable areas and explain measures put in place for protection

DEO & RO shall interact with candidates &

political parties to gather feedback

District Intelligence shall

give regular feedback on

critical polling areas and

incidences to DEO through SP

Observers will be provided list of

critical PS and will visit the same &

constantly monitor developments

Dedicated Police teams/squads in

convenient vicinity of clusters of

vulnerable pockets

DEO & SP finalize joint plan of action

to deal with potential threats

-Binding trouble mongers under appropriate laws

- Preventive detention if required

- Forcing appearance in local stations to ensure good behaviour

- Placement of Police pickets

- Regular visits
