Amendment status not verified — confirm the current text below against the official source.
Any person who at the Panchayat Election fraudulantly take or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year with fine which m ay extend to five hundred rupees or with both. THE ASSAM GAZETTE. EXTRAORDINARY, MARCH 30. 2000 301 If the Presiding O fficer of a polling station has reason to believe that any person is com mitting or has com mitted an offence punishable under this section, such officer may, before such person leaves the polling station arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a Police Officer : Provided that when it is necessary to cause a w omen to be searched, the search shall be made by another wom en with strict regard to decency. Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the P residing Officer, or when the search is made by a police shall be kept by such officer in safe custody. » An offence punishable under this sec tion shall be cognizable and bailable. Offence of booth capturing. 127 O. Whoever com mits an offence of booth capturing shall be punishable with imprisonm ent for a term which shall not be less than six months but which may extend to two years and with fine, and wh ere such offen ce is comm itted by a person in the service of the Government he shall be punishab le with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine, which may extend to one thousand rupees or with both. An offence punishable under this section is cognizable and non-bailable. EXPLAN ATION For the purpose of this section "booth cap turing" includes among other things, all or any of the following activities, namely (i) seizure or closure of a polling station or a place fixed for the poll by any person or persons making pollin g authorities surrender the ballot papers or voting machines and doing of any other act which affect the orderly conduct of election, (ii) taking possession of a polling station or a place fixed for the poll by any person or person s and allowing only his or their own supporters to exercise their right to vote and prevent others from voting, 302 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 30. 2000 (iii) threatening any elector or obstructing or preventing him from going to the polling station or a place fixed for the poll to caste his vote. (iv) seizure or closure or taking possession of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or votting machines and the doing of any thing which affects the orderly counting of votes, (v) doing by any person in the service of the Government of all or any of the aforesaid activities or aiding or conniving at, any such activities in furtherance of the prospects of the election of a candidate or against the prospects of a candidate. Other offence and penalty therefor.