The Prevention of Electoral Abuses Act, 1923

Arrest of persons committing personation.

25.—(1) If at the time any person tenders his vote at an election or at any time after he has voted and before he leaves the polling place any personation agent lawfully present in such polling place declares to the returning officer or a presiding officer that he verily believes and undertakes to prove that such person is committing or has committed the offence of personation, the returning officer or such presiding officer shall direct a police constable to arrest such person on the charge of having committed the offence of personation.

(2) If the returning officer or any presiding officer has reasonable ground for believing that any person who applies or has applied for a ballot paper is committing or has committed the offence of personation, such returning officer or presiding officer may, before such person leaves the polling place, direct a police constable to arrest such person on the charge of having committed the offence of personation.

(3) Any police constable shall, without any warrant, arrest on the charge of having committed the offence of personation, every person whom such police constable is directed by the returning officer or a presiding officer to arrest on such charge.

(4) Any police constable may, without any warrant, arrest any person who is found by such police constable committing the offence of personation or who is believed by such police constable to have committed such offence.

(5) Every person arrested under this section shall, as soon as may be after his arrest, be brought before a District Justice and dealt with according to law, and may be detained in custody until he can be so brought before a District Justice.

(6) Any arrest authorised by this section may be made at any place, whether in or out of a polling place.