Amendment status not verified — confirm the current text below against the official source.
Corrupt practices, criminal offences and procedure.— (1) (a) Whoever in any election directly or indirectly, by himself, or by any other person on his behalf, shall, with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offer or give any money or valuable consideration or hold out any promise of individual profit or hold out any threat of injury to any person, or (b) whoever shall give, procure or abet the giving of a vote in the name of a voter, who is not the person giving such vote, or (c) whoever hires or procures any vehicle or vessel for the conveyance of any voter to, or from, a polling station in the circumstance described in clause (iii) of section 28F, shall be liable to a fine not exceeding two hundred rupees for every such offence. (2) Whoever, being qualified to vote any election claiming to be so qualified accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person any money or valuable consideration or any individual profit as a motive or reward for giving or for bearing to give his vote in any such election shall be liable to a fine not exceeding one hundred rupees for every such offence. Explanation.— In sub-sections (1) and (2) “individual profit” includes a benefit accruing to the person himself or to anyone in whom he is interested. It does not include a promise to vote for or against any measure which may come before the corporation for consideration. 1[(2A) Whoever in connection with any election, directly or indirectly, by himself or by any other person on his behalf, promotes or attempts to promote feelings of enmity or hatred, between different classes of the citizens of India on grounds of religion, race, caste, community or language, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.] (3) Every person convicted under sub-section (1) or sub-section (2) 2[or sub-section (2A)] shall, for such period not exceeding seven years from the date of the conviction as the Court may direct, be disqualified from voting at any election. (4) No court shall take cognizance of any offence under this section except on the complaint of the Judge who has held an enquiry under section 33 or before whom such enquiry is pending. (5) No prosecution for an offence under this section shall be instituted except within six months next after the date of the declaration of the result of the election. (6) An appeal shall lie to the High Court against any sentence order passed by a Magistrate under sub-section (1), sub-section (2) 3[, sub-section (2A)] or sub-section (3).