Q. Consider the following statements regarding “booth capturing” in an election:

1. It has been defined in the Constitution of India after the 61st Amendment.
2. It includes the seizure of and taking possession of a polling booth to prevent the orderly conduct of elections.
3. It is also committed when any elector is threatened and prevented from going to the polling station to cast his vote.
4. It has been declared a cognizable offence punishable by imprisonment.

Of these statements
Answer: 2, 3 and 4 are correct
Notes: Booth capturing originally did not figure under the categories of corrupt practices enumerated under Section 123 of the Act. It was only in 1989 that Parliament included 574 "booth capturing by a candidate or his agent or other person"  as one of the eight categories of corrupt practices. The Explanation to Section 58-A lays down that booth capturing shall have the same meaning as in Section 135-A. Section 135-A which was brought on statute with effect from March 15, 1989 under Amendment Act 1 of 1989, prescribes booth capturing to be an offence and the person committing it shall be punishable with imprisonment for a term which shall not be less than six months and which may be extended to a maximum of two years and fine.