Today Lok Sabha Elections Voting for the second phase of 2024 has been completed. In this phase, voters have cast their votes on seats in 12 states and 1 union territory. Earlier on April 19, voting had taken place on 102 Lok Sabha seats. But today we will tell you whether any prisoner in jail or any undertrial can vote? You must have heard that jail prisoners can contest elections. But the question is whether the prisoner has the right to vote or not.
prisoner in jail
When a jail prisoner can contest elections, can he also vote? According to the rules of the Constitution, no prisoner in jail can vote. A person in police custody does not have the right to vote. The Supreme Court has also rejected a public interest litigation filed in this regard. According to the information, according to the current legal provision, an accused serving a sentence in jail does not have the right to vote. Along with this, if any accused is under trial or in judicial custody or police custody. He also does not have the right to vote.
Even undertrial prisoners cannot vote
Let us tell you that under Section 62(5) of the Representation of the People Act 1951, a jail prisoner does not have the right to vote. Because the right to vote is a legal right. Those who violate the law cannot use it. According to legal provisions, the accused who has been convicted by the court in a case after trial. Apart from this, the accused person who has been sent to police custody or judicial custody by the court. He also cannot vote in the elections.
Jailed prisoner has the right to contest elections
Now you might be thinking that a prisoner in jail does not have the right to contest elections, but a prisoner has the right to contest elections. Yes, according to the rules, any prisoner in jail can contest elections. In fact, it is believed that sometimes during political battles, people send opposition leaders to jail. In such a situation, a leader will be disqualified from contesting elections just because he is in jail. According to the information, Section 62(5) of the RPA Act was amended in 2013. In this, he was exempted from contesting elections while in jail. After which even a jailed prisoner can contest elections.
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