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Formal Consolidation | 2007 RevEd
Punishment for corrupt practice
42.—(1) Every person who —
(a)
commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation;
(b)
commits the offence of treating, undue influence or bribery;
(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;
(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 relation to the personal character or conduct of the candidate;
(e)
makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of the withdrawal of any other candidate at the election; or
(f)
being a candidate or election agent, knowingly makes the declaration as to election expenses required by section 56 falsely,
shall be guilty of a corrupt practice and shall on conviction by a District Court be liable —
(i)
in the case referred to in paragraph (a), to a fine of not less than $250 and not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both; and
[11/2010 wef 01/07/2010]
(ii)
in any other case, to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.
(1A) Every person who is convicted of a corrupt practice shall become incapable for a period of 7 years from the date of his conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament.
[18/94]
(2) A prosecution for a corrupt practice (except any corrupt practice as defined in subsection (1)(d) or (e)) shall not be instituted without the sanction of the Public Prosecutor.
[15/2010 wef 02/01/2011]
(3) Nothing in this section shall prevent any police officer from exercising the powers conferred upon him by Chapter XIII of the Criminal Procedure Code (Cap. 68) in the case of non-seizable offences or from exercising his powers to prevent the continuance of any corrupt practice.
[15/2010 wef 02/01/2011]
Informal Consolidation | Amended Act 15 of 2010
Punishment for corrupt practice
42.—(1) Every person who —
(a)
commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation;
(b)
commits the offence of treating, undue influence or bribery;
(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;
(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 relation to the personal character or conduct of the candidate;
(e)
makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of the withdrawal of any other candidate at the election; or
(f)
being a candidate or election agent, knowingly makes the declaration as to election expenses required by section 56 falsely,
shall be guilty of a corrupt practice and shall on conviction by a District Court be liable —
(i)
in the case referred to in paragraph (a), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both; and
[11/2010 wef 01/07/2010]
(ii)
in the case referred to in paragraph (b), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both;
(iii)
in the case referred to in paragraph (c), to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both;
(iv)
in the case referred to in paragraph (d) or (e), to a fine or to imprisonment for a term not exceeding 12 months or to both; or
(v)
in the case referred to in paragraph (f), to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(1A) Every person who is convicted of a corrupt practice shall become incapable for a period of 7 years from the date of his conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament.
[18/94]
(2) A prosecution for a corrupt practice (except any corrupt practice as defined in subsection (1)(d) or (e)) shall not be instituted without the consent of the Public Prosecutor.
[15/2010 wef 02/01/2011]
(3) Without prejudice to section 38, every offence of undue influence or bribery under section 40 or 41, and every other corrupt practice under subsection (1)(c), (d) or (e) shall be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).