View Single Post
  #10  
Old Sunday, January 02, 2011
imran bakht imran bakht is offline
Senior Member
Medal of Appreciation: Awarded to appreciate member's contribution on forum. (Academic and professional achievements do not make you eligible for this medal) - Issue reason:
 
Join Date: Jul 2010
Location: Peshawar
Posts: 546
Thanks: 300
Thanked 530 Times in 301 Posts
imran bakht has a spectacular aura aboutimran bakht has a spectacular aura aboutimran bakht has a spectacular aura about
Default

CHAPTER IX-A
OF OFFENCES RELATING TO ELECTIONS
171-A. "Candidate", "Electoral right" defined : For the purposes of this Chapter:
(a) "candidate" means a person who has been nominated as a candidate at any election
and includes a person who, when an election is in contemplation, holds himself out as a
prospective candidate thereat: provided he is subsequently nominated as a candidate at
such election;
(b) "electoral right" means the right of a person to stand, or not to stand as, or to
withdraw from being, a candidate or to vote or refrain from voting at an election.
171-B. Bribery: (1) Whoever--

(i) gives a gratification to any person with the object of inducing him or any other person
to exercise any electoral right or of rewarding any person for having exercised any such
right; or
(ii) accepts either for himself or for any other person any gratification as a reward for
exercising any such right, or for .inducing or attempting to induce any other person to
exercise any such right, commit the offence of bribery;
Provided that a declaration of public policy or a promise of public action shall not be
an offence under the section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification
shall be deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be
deemed to accept a gratification, and a person who accepts a gratification as a motive for
doing what he does not intend to do, or as a reward for doing what he has not done, shall
be deemed to have accepted the gratification as a reward.
17I-C. Undue influence at election : (1) Whoever voluntarily interferes or attempts to
interfere with the free exercise of any electoral right commits the offence of undue
influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section (1), whoever;
(a) threatens any candidate or voter, or" any person in whom a candidate or voter is
interested, with injury of any kind, or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in
whom he is interested will become or will be rendered an object of Divine displeasure or of
spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of such candidate
or voter, within the meaning of sub-section (1).
(3) A declaration of public policy or a promise of public action, or the mere exercise of a
legal right without intent to interfere with an electoral right, shall not be deemed to be
interference within the meaning of this section.
171-D. Personation at elections: Whoever at an election applies for a voting paper or
votes in the nature of any other person, whether living or dead, or in a fictitious name, or
who having voted once at such election applies at the same election for a voting paper in
his own name, and whoever abets, procures or attempts to procure the voting by any
person in any such way, commits the offence of personation at an election.

171-E. Punishment for bribery: Whoever commits the offence of bribery shall be
punished with imprisonment of either description for a term-which may extend to one year,
or with fine or with both;
Provided that bribery by treating shall be punished with fine only.
Explanation : Treating' means that form of bribery where the gratification consist in food,
drink, entertainment, or provision.
171-F. 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.
171 -G. False statement in connection with an election : Whoever with intent to affect
the result of an election makes or publishes any statement purporting to be a statement of
fact which is false and which he either knows or believes to be false or does not believe to
be true, in relation to the persona! character or conduct of any candidate shall be
punished with fine.
171-H. Illegal payments in connection with an election : Whoever without the general
or special authority in writing of a candidate incurs or authorises expenses on account of
the holding of any public meeting, or upon any advertisement, circular or publication, or in
any other way whatsoever for the purpose of promoting or procuring the election of such
candidate, shall be punished with fine which may extend to five hundred rupees:
Provided that if any person having incurred any such expenses not exceeding the amount
of ten rupees without authority obtains within ten days from the date on which such
expenses where incurred the approval in writing of the candidate, he shall be deemed to
have incurred such expenses with the authority of the candidate.
171-I. Failure to keep election accounts: Whoever being required by any law for the
time being in force or any rule having the force of law to keep accounts of expenses
incurred at or in connection with an election fails to keep such accounts shall be punished
with fine which may extend to five hundred rupees.
171- J. Inducing any person not to participate in any election or referendum, etc.:
Whoever by words, either spoken or written, or by visible representations, induces or
directly or indirectly, persuades or instigates, any person not to participate in, or to
boycott, any election or referendum, or not to exercise his right of vote thereat, shall be
punishable with imprisonment of either description for a term which may extend to three
years, or with fine which may extend to five lac rupees, or with both.
Sec. 171-J, inst. by the Criminal Law (Third Amendment) Ordinance LIV of 1984.
Chapter IX-A ins. by the Election Offence and Inquiries Act. XXXIX of 1920
Reply With Quote
The Following 2 Users Say Thank You to imran bakht For This Useful Post:
FaizaMukhtar (Tuesday, January 28, 2014), MoonSaghar (Monday, January 14, 2013)