Punishment for undue influence or personation at an election
Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.
Key Points:
Offences Covered:
Undue influence: Interfering with the free exercise of any person's electoral rights (as defined in Section 171).
Personation: Voting fraudulently by pretending to be someone else or applying for a voting paper under a false identity (as defined in Section 172).
Punishment:
A person found guilty of either undue influence or personation during an election can face the following penalties:
Imprisonment: The term can extend up to one year.
Fine: The amount of fine is not specified but can be imposed as an alternative or in addition to imprisonment.
Both: In some cases, the offender can be subjected to both imprisonment and a fine.
Nature of Punishment:
The imprisonment of either description means that the offender can be sentenced to either rigorous imprisonment (with hard labor) or simple imprisonment (without labor), depending on the gravity of the offence and the discretion of the court.
Offence : Undue influence or personation at an election.
Punishment : Imprisonment for 1 year, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Magistrate of the first class.
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