CHAPTER VI
OFFENCES, PENALTY AND PROCEDURE
- A person is guilty of corrupt practice punishable with 156[rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine], if he-
157[* * *]
158[(2) has not any election expenses from any source other than sources specified by the contesting candidate in the statement or the supplementary statement submitted under Article 44AA;
(2A) contravenes the provisions of Article 44B;
(2B) is guilty of bribery, personation or undue influence;]
(3) makes or publishes a false statement-
(a) concerning the personal character of a candidate or any of his relations calculated to adversely affect the election of such candidate or for the purpose of promoting or procuring the election of another candidate unless he proves that he had reasonable grounds for believing and did believe, the statement to be true;
(b) relating to the symbol of a candidate, whether or not such symbol has been allocated to such candidate; or
(c) regarding the withdrawal of a candidate;
(4) calls upon or persuades any person to vote, or to refrain from voting for any candidate on the ground that he belongs to a particular religion, community, race, caste, sect or tribe;
(5) knowingly, in order to support or oppose a candidate, lets, lends, employs, hires, borrows or uses any vehicle or vessel for the purpose of conveying to or from the polling station any elector except himself and members of his immediate family; or
(6) causes or attempts to cause any person present and waiting to vote at the polling station to depart without voting.
- A person is guilty of illegal practice 159[punishable with rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine], if he-
160[* * *]
161[(2) fails to comply with the provisions of Article 162[44AA or] 44C
(2A) obtains or procures, or attempts to obtain or procure, the assistance of any person in the service of Bangladesh to further or hinder the election of a candidate;]
(3) votes or applies for a ballot paper for voting at an election knowing that he is not qualified for, or is disqualified from, voting;
(4) votes or applies for a ballot paper for voting more than once in the same polling station;
(5) votes or applied for a ballot paper for voting in more than one polling station for the same election;
(6) removes a ballot paper from a polling station during the poll; or
(7) knowingly induces or procures any person to do any of the aforesaid acts.
- A person is guilty of bribery, if he, directly or indirectly, by himself or by any other person on his behalf,-
(1) receives or agrees to receive or contracts for any gratification for voting or refraining from voting, or for being or refraining from being a candidate at, or for withdrawing from an election;
(2) gives, offers or promises any gratification to any person¬-
(3) (a) for the purpose of inducing¬-
(i) a person to be, or to refrain from being a candidate at an election;
(ii) an elector to vote, or refrain from voting at an election; or
(iii) a candidate to withdraw an election; or
(b) for the purpose of rewarding¬-
(i) a person for having been, or for having refrained from being, a candidate at an election;
(ii) an elector for having voted or refrained from voting at an election; or
(iii) a candidate for having withdrawn from an election.
Explanation In this article “gratification” includes a gratification in money or estimable in money and all forms of entertainment or employment.
- A person is guilty of personation, if he votes, or applies for a ballot paper or voting, as some other person whether that other person is living or dead or fictitious.
- A person is guilty of undue influence, if he,-
(1) in order to induce or compel any person to vote or refrain from voting, or to offer himself as a candidate, or to withdraw his candidature, at an election, directly or indirectly by himself or by any other person on his behalf,-
(a) makes or threatens to make use of any force, violence or restraint;
(b) inflicts or threatens to inflict any injury, damage, harm or loss;
(c) calls down or threatens to call down divine displeasure of any saint or Pir;
(d) gives or threatens to give any religious sentence; or
(e) uses any official influence or governmental patronage; or
(2) on account of any person having voted or refrained from voting, or having offered himself as a candidate, or having withdrawn his candidature, does any of the acts specified in sub clause (1);
(3) by abduction, duress or any fraudulent device or contrivance,¬-
(a) impedes or prevents the free exercise of the franchise by an elector; or
(b) compels, induces or prevails upon any elector to vote or refrain in from voting.
Explanation In this Article “harm” includes socialostracism or ex communication or expulsion from any caste or community.
- (1) No person shall convene, hold or attend any public meeting, and no person shall promote or join in any procession within the area of any constituency 163[during the period beginning at forty-eight hours prior to start of the poll and ending at forty-eight hours after conclusion of the poll] for any election in that constituency.
164[(1A) During the time mentioned in Article 78(1) no person shall:
(a) Resort to an act of violence or unruly behaviour,
(b) hold threats or intimidate voters or persons connected with election activities or duties,
(c) show or use any arms or force.]
(2) Any person who contravenes the provisions of clause (1) shall be punishable with 165[rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine].
- A person is guilty of an offence 166[punishable with imprisonment for a term which may extend to three years and shall not be less than six months, and also with fine], if he, within a radius of four hundred yards of the polling station, on the polling day-
(1) canvasses for votes;
(2) solicits the vote of any elector;
(3) persuades any elector not to vote at the election or for a particular candidate; or
(4) exhibits, except with the permission of the Returning Officer and as a place reserved for the candidate or his election agent beyond the radius of one hundred yards of the polling station, any notice, sign, banner or flag designed to encourage the electors to vote, or discourage the electors from voting, for any contesting candidate.
- A person is guilty of an offence punishable with imprisonment for a term which may extend to 167[three years and shall not be less than six months, and also with fine ], if he, on the polling day,-
(1) uses, in such manner as to be audible within the polling station, any gramophone, megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds;
(2) persistently shouts in such manner as to be audible within the polling station;
(3) does any act which-¬
(a) disturbs or causes annoyance to any elector visiting a polling station for the purpose of voting; or
(b) interferes with the performance of the duty of a Presiding Officer, Assistant Presiding Officer, Polling any duty at a polling station; or
(4) abets the doing of any of the aforesaid acts.
- (1) Except as provided in clause (2) a person is guilty of an offence punishable with rigorous imprisonment for a term which may extend to 168[seven years] and shall not be less than three years, and also with fine, if he-
(a) intentionally defaces or destroys any nomination paper, ballot paper or official mark on a ballot paper;
(b) intentionally takes out of the polling station any ballot paper or puts into any ballot box any ballot paper other than the ballot paper he is authorised by law to put in;
169[(bb) is found in possession of any ballot paper or ballot paper book or is seen exhibiting them before the members of the public outside the polling station;]
(c) without due authority,¬-
(i) supplies any ballot paper to any person;
(ii) destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers in use for the purpose of election; or
(iii) breaks any seal affixed in accordance with the provisions of this Order;
170[(cc) without due authority and reasonable excuse destroy or interfere with any device, accessories or software programme that is used, or intended to be used, for or in connection with EVM.]
(d) forges any ballot paper or official mark;
(e) causes any delay or interruption in the beginning, conduct or completion of the procedure required to be immediately carried out on the close of the poll 171[;
(f) in the furtherance of the prospect of the election of a contesting candidate or to subvert election, captures, or abets or connives at, the capturing of, a polling station or polling booth-
(i) and compels the polling authorities to surrender the ballot papers, ballot boxes or other polling materials and documents and do any other acts affecting the orderly conduct of election or counting of votes or preparation of documents relating to election; or
(ii) drives out any candidate or his election agent or polling agent from the polling station and compels the polling authorities to proceed with the election work in their absence; or
(iii) drives out polling authorities, seizes the ballot papers, ballot boxes, polling materials and documents and use them fraudulently in such manner as he likes; or
(iv) allows only his supporters or supporters of his candidate or the candidate of his political party to vote and prevents others from voting.]
(2) A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer or any other officer or clerk on duty in connection with the election, who is guilty of an offence under clause (1), shall be punishable with 172[rigorous imprisonment for a term which may extend to ten years and shall not be less than three years, and also with fine].
- A person is guilty of an offence punishable with imprisonment for a term which may extend to 173[five years and shall not be less than one year, and also with fine], if he-
(1) interferes or attempts to interfere with an elector when he records his vote;
(2) in any manner obtains or attempts to obtain in a polling station information as to the candidate for whom an elector is about to vote or has voted; or
(3) communicates at any time any information obtained in a polling station as to the candidate for whom an elector is about to vote or has voted.
- A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, or Polling Officer, or any candidate, election agent or polling agent attending a polling station, or any person attending at the counting of votes is guilty of an offence punishable with imprisonment for a term which may extend to 174[five years and shall not be less than one year, and also with fine] if he-
(1) fails to maintain or aid in maintaining the secrecy of voting;
(2) communicates, except for any purpose authorised by any law, to any person before the poll is closed any information as to the official mark; or
(3) communicates any information obtained at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper.
- A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Polling Officer or any other officer or clerk performing any duty in connection with an election, or any member of a police force, is guilty of an offence punishable with imprisonment for a term which may extend to 175[five years and shall not be less than one year, and also with fine], if he, in the conduct or management of an election or maintenance of order at a polling station,-
(1) persuades any person to give his vote;
(2) dissuades any person from giving his vote;
(3) influences in any manner the voting of any person; or
(4) does any other act calculated to influence the result of the election.
- A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer or any other person employed by any such officer in connection with his official duties imposed by or under this Order is guilty of an offence punishable 176[with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five thousand, or with both], if he, wilfully and without reasonable cause, commits breach of any such official duty, by act or omission.
- A person in the service of Bangladesh is guilty of an offence punishable with imprisonment for a term which may extend to 177[five years and shall not be less than one year, and also with fine], if he, misuses his official position in a manner calculated to influence the result of the election.
178[87. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or in any other law for the time being in force, a member of any law enforcing agency performing any duty in connection with an election-
(a) shall have, even if he is not a police officer, the same powers as a police officer has under the said Code for arrest without warrant any person, other than a person performing any duty in connection with an election, who commits an offence under Article 73(2B),179[(4),] (5) and (6), Article 74(2A), (3), (4), (5) and (6), Article 78, Article 79, Article 80, Article 81(1) and Article 82, or for the maintenance of peace, law and order, in the polling station or within a radius of four hundred yards of the polling station, on the polling day, as if he were a police officer;
(b) shall arrest without warrant any person who commits an offence under any of the Articles mentioned in clause (a), if the Returning Officer of the Presiding Officer so directs;
(c) may arrest without warrant any person, who being removed from the polling station by the Presiding Officer under Article 30, commits any offence in the polling station;
(d) may remove any notice, sign, banner of flag used in contravention of Article 79;
(e) may seize any instrument or apparatus used in contravention of Article 80; and
(f) may take such steps, including use of force, as may be reasonably necessary for the exercise of his powers and performance of his duties under this Article.]
180[87A. (1) Any police officer, or any other member of a law enforcing agency performing any duty in connection with an election, shall remove or cause to be removed, or direct the removal of, whenever or wherever he comes to know about it or it comes to his notice, any-
(a) multi-coloured poster or portrait of a candidate or the poster or symbol of a candidate which is bigger than the size prescribed or specified by the Commission;
(b) gate, arch or barricade erected for a candidate;
(c) pandal of a candidate covering an area of more than four hundred square feet;
181[***]
(e) micro-phone or loudspeaker used by a candidate in excess of three in number in a constituency at any given time;
(f) election camp or office of a candidate in excess of one in union, or in a ward of a municipality or city or in excess of one central camp or office in a constituency;
(g) illumination as part of election campaign of a candidate by use of electricity in any form; and
(h) writing in ink or paint or in any other manner whatsoever as a means of advertisement for a candidate in any wall, building, pillar, bridge, vehicle or vessel, or in any other place or object not belonging to the candidate or not meant for such advertisement.
(2) If a police officer or any other member of a law enforcing agency fails or neglects to take action under clause (1), without any reasonable cause, he shall be deemed to be guilty of inefficiency or misconduct and his appointing authority shall, on being requested to do so by the Commission or the Returning Officer, take appropriate disciplinary action against him and inform the Commission or the Returning officer, as the case may be, about the action so taken, and shall note the action in the relevant service record.
(3) A Returning Officer or an Assistant Returning Officer may direct any police officer, or any other member of a law enforcing agency performing any duty in connection with an election, to remove, within such time as he may specify, any matter, thing or article which is liable to be removed under clause (1), and such police officer or member of the law enforcing agency shall take prompt action in accordance with such direction and report compliance to the Returning Officer and the Assistant Returning Officer, and if such police officer or member of the law enforcing agency fails, refuses or neglects to comply, without any reasonable cause, he shall be deemed to be guilty of inefficiency or misconduct and the provision of clause (2) shall apply in this respect.
(4) A Returning Officer or an Assistant Returning Officer may give a direction to a candidate or his election agent to remove immediately any matter, thing or article which is liable to be removed under clause (1), and the candidate or his election agent shall act in accordance with such direction, and report compliance to the Returning Officer and the Assistant Returning Officer; and if he fails or refuses or neglects to comply, without any reasonable cause, he shall be deemed to be guilty of corrupt practice under Article 73.
(5) Any matter, thing or article removed by any police officer or any other member of a law enforcing agency shall be deemed to have been seized from the possession of the candidate, and shall, if not destroyed in course of such removal, be kept in the custody, of the nearest police station and shall be destroyed or forfeited to the state, if no election petition is pending, after the expiry of a period of six months from the date of such custody.
(6) A police officer or any other member of a law enforcing agency may take, or cause to be taken, such steps or measures, including use of force, as may be necessary for performing any function or exercising any power under this Article.
(7) Any action taken under this Article shall be promptly communicated to the Commission, and also to the Returning Officer and the Assistant Returning Officer.
(8) Any action taken under this Article shall be in addition to, and not in derogation of, any other action or punishment that may be taken or imposed under any other provision of this Order.
(9) An action under this Article may be taken at anytime during the period from the date of the notification under clause (1) of Article 11 till the close of the poll in the entire constituency concerned (both days inclusive). ]
[Omitted]88. [Omitted by section 19 of the Representation of the People (Amendment) Act, 1991 (X) of 1991.]
- (1) No Court shall take cognizance of an offence under clause (2) of Article 81, Article 83, Article 84, Article 85 or Article 86, except upon a complaint in writing made by order of, or under authority from, the Commission.
(2) The Commission shall, if it has reason to believe that any offence specified in clause (1) has been committed, cause such enquiries to be made or prosecution to be instituted as it may think fit.
182[89A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), any person for the time being performing any duty in connection with an election, excluding any member of a law enforcing agency, may, if authorized by the Commission, by general or special order, in this behalf-
(a) exercise the powers of a Magistrate of the first class under the said Code in respect of the offences punishable under 183[Article 73(2B), 74(2A), (3), (4), (5), (6),], Article 78, Article 79, Article 80, Article 81(1) and Article 82; and
(b) take cognizance of any such offence under any of the clauses of sub-section (1) of section 190 of the said Code,
and shall try any such offence in a summary manner in accordance with the provisions of the said Code relating to summary trials.]
- No prosecution for an offence under Article 73 or Article 74 shall be commenced except-
(a) within six months of the commission of the offence; or
(b) if the election at which the offence was committed is subject to an election petition and the High Court Division has made an order in respect of such offence, within three months of the date of such order.