Return or forfeiture of candidate’s deposit

In force From 17 Jul 1951 Act 43 of 1951 As on 15 Oct 2026

Act 43 of 1951 Ministry Law and Justice Enacted 17 Jul 1951 In force 17 Jul 1951

Section 158 of the Representation of the People Act, 1951 deals with return or forfeiture of candidate’s deposit. The deposit made under section 34 or under that section read with sub-section (2) of section 39 shall either be returned to the person making it or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of this section. The Act came into force on 17 Jul 1951.

¹[158. Return or forfeiture of candidate's deposit.--(1) The deposit made under section 34 or under that section read with sub-section (2) of section 39 shall either be returned to the person making it or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of this section.
(2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared.
(3) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.
(4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election of more than one member at the election, one-sixth of the total number of valid votes so polled divided by the number of members to be elected:
Provided that where at an election held in, accordance with the system of proportional representation by means of the single transferable vote, a candidate is not elected, the deposit made by him shall be forfeited if he does not get more than one-sixth of the number of votes prescribed in this behalf as sufficient to secure the return of a candidate.
(5) Notwithstanding anything in sub-sections (2), (3) and (4),
(a) if at a general election, the candidate is a contesting candidate in more than one Parliamentary constituency or in more than one assembly constituency, not more than one of the deposits shall be returned, and the other shall be forfeited.]
(b) if the candidate is a contesting candidate at an election in more than one council constituency or at an election in a Council constituency and at an election by the members of the State Legislative Assembly to fill seats in the Legislative Council, not more than one of the deposits shall be returned, and the others shall be forfeited.]
Section 158, 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.

This section refers to

Questions about Section 158

What does Section 158 of the Representation of the People Act deal with?

Section 158 of the Representation of the People Act is headed "Return or forfeiture of candidate’s deposit". [158. Return or forfeiture of candidate's deposit.--(1) The deposit made under section 34 or under that section read with sub-section (2) of section 39 shall either be returned to the person making it or his legal representative or be forfeited to the appropriate authority in accordance with the pro

How do I find court cases under Section 158 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 158, section 158 RP Act 1951, section 158 of the Representation of the People Act. People searching for it also type section 158 of the representation of the people act 1951. 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 158 of the Representation of the People Act, and has it changed?

Its own text turns on section 34 (Deposits), section 39 (Nomination of candidates at other elections), so none of them can safely be read on its own.

When did Section 158 of the Representation of the People Act come into force?

Section 158 of the Representation of the People Act, cited as RP Act 1951 158, 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 15 Oct 2026. This page is not a substitute for legal advice.