Amendment status not verified — confirm the current text below against the official source.
The following shall be deemed to be corrupt practices for the purposes of this Act:- (1) Bribery, that is to say,- (A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any gratification, to any Penalty for contravention of any order regarding requisitioning. Electoral officers and staff deemed to be on deputation. Corrupt practices. [Act No.5 of 2018] 201 person whomsoever, with the object, directly or indirectly of inducing,- (a) a person to stand or not to stand as or to withdraw or not to withdraw from being a candidate at an election; or (b) an elector to vote or refrain from voting at an election, or as reward to,- (i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or (ii) an elector for having voted or refrained from voting. (B) The receipt of or agreement to receive, any gratification, whether as a motive or a reward,- (a) by a person for standing or not standing as or for withdrawing or not withdrawing from being a candidate; or (b) by any person whomsoever for himself or any other person for voting or refraining from voting or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature. Explanation:- For the purposes of this clause the term ―gratification‖ is not restricted to pecuniary gratification or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bonafide incurred at, or for the purpose of any election and duly entered in the account of election expenses. 202 [Act No.5 of 2018] (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent of the candidate or his election agent with the free exercise of any electoral right: Provided that,- (a) without prejudice to the generality of the provisions of this clause any such person as is referred to thereon, who,- (i) threatens any candidate or any elector or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex- communication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to national symbols of the prospects of the election [Act No.5 of 2018] 203 of that candidate or for prejudicially affecting the election of any candidate: Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause. (4) The promotion of, or attempt to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or of prejudicially affecting the election of any candidate. (5) The propagation of the practice or the commission of Sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election against for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. Explanation:- For the propose of this clause, ―sati‖ and ―glorification‖ in relation of Sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987. (6) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his election agent or any statement of fact which is false, in which he either believes to be false, or does not believe to be true in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate‘s election. Central Act No.3 of