Amendment status not verified — confirm the current text below against the official source.
Other offences and penalties therefor.— (1) A person shall be guilty of an offence if at any election he— (a) fraudulently defaces or fraudulently destroys any nomination paper; or (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of 4[the State Election Commissioner]; or 1 Sub-section (1) was substituted by Mah. 41 of 1994, s. 23. 2 The words “the Commissioner” were deleted by Mah. 41 of 1994, s. 24(a). 3 These words were substituted for the words “persons appointed” by Mah. 41 of 1994, s. 24(b). 4 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 25(a). 1888 : III] The Mumbai Municipal Corporation Act 77 (c) fraudulently defaces or fraudulently destroys any ballot paper or the officials mark on any ballot paper; or (d) without due authority supplies any ballot paper to any person; or (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or (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. (2) Any person guilty of an offence under this section shall— (a) if he is 1[* *] a presiding officer at a polling station or any other officer or clerk 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 or with both. (3) For the purposes 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 such election including the counting of votes or to be responsible after such 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. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.