Other offences and penalties therefor
Section 136 of the Representation of the People Act, 1951 deals with other offences and penalties therefor. A person shall be guilty of an electoral offence if at any election he-- (a) fraudulently defaces or fraudulently destroys any nomination paper; The Act came into force on 17 Jul 1951.
(1) A person shall be guilty of an electoral 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 returning officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelop used in connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person 1[or receives any ballot paper from any person or is in possession of any ballot paper]; 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 than 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 electoral offence under this section shall,--
(a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both;
(b) if he is any other person, be punishable 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 an election including the counting of votes or to be responsible after an 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 2***.
3[(4) An offence punishable under sub-section (2) shall be cognizable.]
Section 136, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 6
- Daman and Diu Panchayat Regulation s. 111
- Gorkhaland Territorial Administration Act s. 21
- s. 8 Disqualification on conviction for certain offences
- s. 11A Disqualification arising out of conviction and corrupt practices
- Uttar Pradesh Municipal Corporation Act s. 80 Disqualification for electoral offences and corrupt practices
- Uttar Pradesh Municipal Corporation Act s. 10
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… has been filed with the prayer to quash the cognizance order dated 15.02.2022 including the charge sheet no. 414 of 2021 dated 20.10.2021 as well as entire proceedings of Case No. 347 of 2022 (State v. Awadhesh Kumar and others), arising out of Case Crime No. 152 of 2021, under Sections 147, 186, 353, 504 I.P.C. and Section 136 of the Representation of the People Act, Police Station Sikandrao, District Hathras, pending before the court of Civil Judge(J.D.)/Judicial Magistrate, Sikandrao, Hathras. After some arguments, counsel for applicants submits that he intends to withdraw the present application with liberty to the applicants to …
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… The appeal came to be dismissed. As against this, the revision petitioner has filed this petition. 5. The learned counsel appearing on behalf of the revision petitioner submitted that the prosecution has failed to place the materials to attract the offence under Section 353 of IPC and also Section 136 of the Representation of the People Act, 1951, only on the basis of the sole interested testimony of official witness, the tribunal has convicted the accused. The independent witnesses have not been examined by the prosecution. The accused has not prevented or obstructed any officials to discharge their official …
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… Mr. GS Fauzdar, PP for the State. Since both these two bail petitions arise out of and pertain to one FIR No. 36/2010 registered at police station Laxmangarh District Alwar for the offences under Section 147, 148, 149, 332, 353, 394, 36, 382 of IPC and Section 3 of PDPP Act and Sections 131, 135, 136, 171 of Representation of the People Act, they have been heard together and are being disposed of by this common order. 2. Heard the learned counsel for the petitioners as also learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioners canvassed that the …
Questions about Section 136
What does Section 136 of the Representation of the People Act deal with?
Section 136 of the Representation of the People Act is headed "Other offences and penalties therefor". A person shall be guilty of an electoral offence if at any election he-- (a) fraudulently defaces or fraudulently destroys any nomination paper;
How do I find court cases under Section 136 of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 136, section 136 RP Act 1951, section 136 of the Representation of the People Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 136 of the Representation of the People Act, and has it changed?
6 other provisions in this corpus refer back to it.
When did Section 136 of the Representation of the People Act come into force?
Section 136 of the Representation of the People Act, cited as RP Act 1951 136, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.