Does the law criminalize any election-related offenses?

Representation of the People Act, 1976

Representation of the People Act, 1976

86A Certain offencestriable by officers authorised by the

Commission.—Notwithstanding anythingcontained in the Code of Criminal Procedure, 1898 (Act V of 1898), an officerfor the time being exercising the powers of a civil or criminal court, or anofficer of the Armed Forces, or an officer performing a duty in connection withan election, who is authorised by the Commission in this behalf may—

(a) exercise the powers of aMagistrate of the first class under the said Code in respect of the offencespunishable under section 80 [,section 82A] 2[Section 83,] section 84, section85, section 86 and section 87; and

(b) take cognizance of anysuch offence under any of the clauses of subsection

(1) of section 190 of the saidCode; and shall try any such offence in a summary way in accordance with theprovisions of the said Code relating to summary trials.

94. Certain offencescognizable.—(1) Notwithstanding anything contained in the Code of CriminalProcedure, 1898, an offence punishable under [section 80A] or section 82 [orsection 82A] or section 85 or sub-section (1) of section 87 shall be cognizableoffence.

(2) Notwithstanding anythingcontained in this Act or any other law for the time being in force, theoffences of corrupt practice shall be tried by the Sessions Judge and an appealagainst his order shall lie before a Division Bench of the High Court.

(3) Where proceedings againsta person for being involved in corrupt practice are initiated on a complaintmade by a private individual, and such person is convicted by the court and hisconviction is maintained in final appeal, the complainant may be entitled tosuch reward payable out of the amount of fine as may be imposed by the court. Providedthat where such complaint proves to be false, malafide or is made forany ulterior motive to provide benefit to another person, the complainant shallbe punishable with imprisonment for a term which may extend to three years, orwith fine, or with both.

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