Section 11
Section 11
Election Offences promise of the gift or loan of any money or valu-able consideration or for any office, place or em-ployment or for the promise of any office, place or employment;
(i)
every person who, directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candi-date or to withdraw if he has become a candidate, gives or procures any office, place or employment, or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment, to or for such other person, or gives or lends, or agrees 'to give or lend, or offers, or promises to procure or endeavour to pro-cure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person.
(1)
Every person who-
(a)
commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation; or
(b)
commits the offence of treating, undue influence or bribery; or
(c)
prints, publishes, distributes or posts up or causes to be printed, published, distributed or posted up any advertisement, handbill, placard or poster which refers to any election and which does not bear upon its face the names and addresses of its printer and publisher; or
(d)
makes or publishes, before or during any election, for the purpose of affecting the return of any candidate, any false statement of fact in rela-
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Punishment and incapaci-ties for cor-rupt practice
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Election Offences tion to the personal character or conduct of such candidate; or
(e)
makes or publishes, before or during any election, for the purpose of promoting or procur-ing the election of any candidate, any false state-ment of the withdrawal of any other candidate at such election; or
(f)
being a candidate or election agent kno-wingly makes the declaration as to election ex-penses required by section 25 falsely;
shall be guilty of a corrupt practice, and shall, on conviction by a magistrate, be liable, in the case referred to in para-graph (a) of this subsection, to imprisonment for 2 years and to a fine of not less than $3,000 and not exceeding $10,000, and, in any other case, to imprisonment for 2 years and to a fine of $5,000.
(2)
Offences under paragraphs (a) and (b) of the preceding subsection shall be seizable offences within the cap.
meaning of the Criminal Procedure Code.
(3)
Every p~.rson who is convicted of a corrupt prac-tice shall, subject to any specific provision to the contrary in any written law relating to any election, by conviction, be-come incapable of being registered or listed as an elector or of voting at any election or of being elected at any election, and if at that date he has been elected at any election, his seat shall be vacated from the date of such conviction:
Provided that such disability shall cease on the expiry of 5
years from conviction or release from imprisonment, whichever shall be the later.
( 4) A prosecution for a corrupt practice except any corrupt practice as defined in paragraphs (d) and (e) of subsection (1) of this section shall not be instituted without the sanction of the Public Prosecutor.
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Election Offences