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Report No. 42

67. Amendment of section 171.- In section 171 of the Code.-

(a) for the words "three months", the words "six months" shall be substituted; and

(b) the words "which may extend to two hundred rupees" shall be omitted.

68. Amendment of section 171A.-

In section 171A of the Code, for clause (b), the following clause shall be substituted, namely.-

"(b) 'electoral right' means the right of a person at an election to stand or not to stand as a candidate, or to withdraw or not to withdraw his candidature, or to vote or to refrain from voting."

69. Amendment of section 171B.-

In section 171B of the Code, after sub-section (3), the following shall be added, namely.-

"(4) Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both:

Provided that bribery by treating shall be punishable with fine only.

Explanation.- 'Treating' means that form of bribery where the gratification consists in food, drink, entertainment or provision."

70. Substitution of new section for section 171C.-

For section 171C of the Code, the following section shall be substituted, namely.-

"171C. Undue influence at elections.-(1) Whoever, with intent to interfere with the free exercise of any electoral right at an election.-

(a) makes use of, or threatens to make use of, any force, violence or wrongful restraint on any person, or

(b) inflicts, or threatens to inflict, on any person, injury of any kind (including social ostracism and expulsion or ex-communication from any caste or community), or

(c) induces, or attempts to induce, any person to believe that he will become an object of divine displeasure or of spiritual censure, commits the offence of undue influence at an election:

Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.

(2) Whoever commits the offence of undue influence at an election shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if the offence is committed in the manner specified in clause (a) of sub-section (1), the imprisonment may extend to three years."

71. Amendment of section 171D.-

Section 171D of the Code shall be re-numbered as sub-section (1) thereof, and after sub-section (1), as so re-numbered, the following sub-section shall be inserted, namely.-

"(2) Whoever commits the offence of personation at an election shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

72. Omission of sections 171E and 171F.- Sections 171E and 171F of the Code shall be omitted.

73. Substitution of new section for section 171G.-

For section 171G of the Code, the following section shall be substituted as section 171E, namely.-

"171E. False statement in connection with an electio.-Whoever, with intent to affect the result of an election, makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or 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 candidature of any candidate, shall be punished with imprisonment of either description which may extend to two years, or with fine, or with both."

74. Omission of sections 171H and 171-1.- Sections 171H and 171-I of the Code shall be omitted.



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