Section 11
Punishment and incapacities for corrupt practice
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 such candidate;
Election Offences 19
(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 such election; or
(f)
being a candidate or election agent knowingly makes the declaration as to election expenses required by section 23
falsely, shall be guilty of a corrupt practice, and shall, on conviction by a
Sessions Court, be liable, in the case referred to in paragraphs (a)
and (b), to imprisonment for a term not exceeding two years and to a fine of not less than one thousand ringgit and not more than five thousand ringgit, and, in any other case, to imprisonment for a term not exceeding one year and to a fine not exceeding two thousand ringgit. Offences under paragraphs (a) and (b) shall be seizable offences within the meaning of the Criminal Procedure
Code.
(2)
Every person who is convicted of a corrupt practice shall, subject to any specific provision to the contrary in any written law relating to any election, by conviction become 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 five years from such conviction.
(3)
A prosecution for a corrupt practice except any corrupt practice as defined in paragraphs (1)(d) and (e) shall not be instituted without the sanction of the Public Prosecutor.