CHAPTER III.--Electoral OffencesCentral

Section 134B of The Representation of the People Act, 1951

Prohibition of going armed to or near a polling station.

1[134B. Prohibition of going armed to or near a polling station.--(1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of a polling station.

(2)If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both.
(3)Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offience under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked under section 17 of that Act.
(4)An offence punishable under sub-section (2) shall be cognizable.]

Summary

Carrying weapons near a polling station on election day is strictly prohibited.
This rule applies to everyone except authorised security staff and election officials.
Weapons include any arms defined in the National Arms Act of 1959.
Violators face up to two years in prison, a fine, or both.
If convicted, the weapons are taken away, and any gun license is automatically cancelled.
This is a cognizable offence, allowing police to arrest without a warrant.

Practical examples

1Vikram, a local resident with a licensed handgun, carries it in his belt while standing in the voting line at a primary school.

2Arjun carries a hunting rifle while walking past a polling station to go to the forest on election day.

3A candidate's bodyguard, who is not a member of the police, carries a shotgun inside the school gates where voting is being held.

FAQ

1. Can I carry a weapon to a polling station under Section 134B of The Representation of the People Act, 1951?

No, Section 134B of The Representation of the People Act, 1951 prohibits anyone except authorised officials from going armed near a polling station on a polling day.

2. What is the jail time for bringing a gun to a booth under Section 134B of The Representation of the People Act, 1951?

Under Section 134B of The Representation of the People Act, 1951, the punishment can be up to two years in prison, a fine, or both.

3. What happens to my gun license if I am convicted under Section 134B of The Representation of the People Act, 1951?

According to Section 134B of The Representation of the People Act, 1951, your license will be deemed to be revoked, and your arms will be confiscated.

Test yourself

1.Under Section 134B of The Representation of the People Act, 1951, who is permitted to be armed at a polling station?

2.What is the maximum imprisonment term for violating Section 134B of The Representation of the People Act, 1951?

3.Under Section 134B of The Representation of the People Act, 1951, what happens to the weapons found on a convicted person?

4.If someone carries a sword near a polling station, is this a cognizable offence under Section 134B of The Representation of the People Act, 1951?

134APreviousSection 134A Penalty for Government servants for acting as election agent, polling agent or counting agent 135NextSection 135 Removal of ballot papers from polling station to be an offence.

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