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Handbook for Electoral Registration Officers - Election Commission ...

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knows or believes to be false or does not believe to be true, he shall be punishableunder Section 31 of the RPA, 1950 with imprisonment <strong>for</strong> a term which mayextend to one year, or with fine or with both.17. Under Section 31 of RPA, 1950, the offence is a non-cognizable, bailable offencetriable by any magistrate. A magistrate will take cognizance of such offence onlyupon a written complaint by the person aggrieved. There is a period of limitation<strong>for</strong> taking such cognizance, which is 1 year.18. The period of limitation commences on the date of the order passed by the EROand not on the date of offence as claimed by the complainant. In case of crossingthis limit, a complaint should be accompanied by an application <strong>for</strong> condonation ofdelay.18

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