Section 135A of The Representation of the People Act, 1951
1[135A. Offence of booth capturing.--2[(1)] Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which 3[shall not be less than one year but which may extend 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 3[this sub-section and section 20B], booth capturing includes, among other things, all or any of the following activities, namely:--
- (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 elections;
- (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 4[prevent others from free exercise of their right to vote]; (c)5[coercing or intimidating or threatening directly or indirectly], any elector and preventing him 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.] 6[(2) An offence punishable under sub-section (1) shall be cognizable.]
Summary
- Booth capturing is a very serious offence that involves taking over a voting or counting area.
- It includes using force to seize ballots or machines and blocking voters from entering.
- Threatening or intimidating voters to keep them away from a booth is also capturing.
- For most people, the punishment is one to three years in prison plus a fine.
- Government servants face a harsher penalty of three to five years in prison plus a fine.
- This is a cognizable offence, allowing for arrest without a warrant.
Practical examples
FAQ
1. What counts as booth capturing under Section 135A of The Representation of the People Act, 1951?
Under Section 135A of The Representation of the People Act, 1951, it includes seizing stations, intimidating voters, or taking over counting areas.
2. What is the punishment for a regular person for booth capturing under Section 135A of The Representation of the People Act, 1951?
The punishment is one to three years of imprisonment and a fine under Section 135A of The Representation of the People Act, 1951.
3. Is booth capturing a cognizable offence under Section 135A of The Representation of the People Act, 1951?
Yes, Section 135A of The Representation of the People Act, 1951 makes it cognizable, so police can arrest suspects without a warrant.
Test yourself
Q1.Under Section 135A of The Representation of the People Act, 1951, what is the minimum prison sentence for a normal person?
Q2.What is the minimum jail term for a government employee who helps with booth capturing under Section 135A of The Representation of the People Act, 1951?
Q3.Under Section 135A of The Representation of the People Act, 1951, which of these is considered booth capturing?
Q4.Comparing punishments, which section of The Representation of the People Act, 1951 has the longest maximum prison sentence?