Other offences and penalties therefor

(1) A person shall be guilty of an electoral offence if at any election, he,-

1. (a) fraudulently defaces or fraudulently destroys any nomination paper; or
2. (b) fraudulently defaces, destroys or removes any list, notice or other document, affixed by or under the authority of a returning officer; or
3. (c) fraudulently defaces or fraudulently destroys any ballot paper or 1[voting machine] or the official mark on any ballot paper; or 1[voting machine]

1. Deemed to have been Inserted by Act 17 of 2009 w.e.f.28.5.2009.

1. (d) without due authority supplies any ballot paper 1[or voting machine] to any person or receives any ballot paper 1[or voting machine] from any person or is in possession of any ballot paper; 1[or voting machine]

1. Deemed to have been Inserted by Act 17 of 2009 w.e.f.28.5.2009.

1. (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
2. (f) without due authority destroys, takes, opens or otherwise interferes with any 1[ballot box, ballot papers or voting machine] then in use for the purposes of the election; or

1. Deemed to have been Substituted by Act 17 of 2009 w.e.f.28.5.2009.

1. (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

1. (2) Any person guilty of an electoral offence under this section shall,-
   • (a) if he is the returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or person employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years, or with fine, or with both;
   • (b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine, of with both.
2. (3) For the purpose of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act in connection with such election.
3. (4) An offence punishable under clause (b) of sub-section (2) shall be congnizable.