Two separate restrictions govern the end of an Indian campaign, and they are often confused. One silences campaigning. The other silences exit polls. They have different durations and different legal bases.
The 48-hour silence period
Section 126 of the Representation of the People Act, 1951 prohibits displaying election matter by television or similar apparatus, and holding public meetings or processions, during the 48 hours ending with the hour fixed for the close of poll in a constituency.
Election matter means anything intended or calculated to influence the result. The purpose is a period of quiet before voting: a stretch in which a voter can decide without being campaigned at.
Because it is tied to each constituency’s poll, the silence period in a multi-phase election falls on different dates in different places, while campaigning continues elsewhere.
The exit poll ban
Section 126A is separate and longer. It prohibits conducting an exit poll and publishing or disseminating its result during a period notified by the Election Commission.
That period runs from the hour fixed for the start of the first phase until half an hour after the close of the last phase. In a general election run over several weeks, that is weeks of prohibition, not 48 hours.
Breach is punishable with imprisonment of up to two years, or a fine, or both.
Why exit polls are treated differently
An exit poll published while voting continues elsewhere tells later voters which way the wind appears to be blowing. The concern is bandwagon and underdog effects, and the fact that the information would reach some voters and not others.
Opinion polls are not the same thing
An opinion poll asks people how they intend to vote and may be published outside the silence period. An exit poll asks people how they have just voted, and falls under Section 126A.
The Commission requires broadcasters to disclose the methodology, sample size and organisation behind a published opinion poll, so viewers can judge its weight.
What to do with the numbers
Treat them as surveys, not results. Exit polls in India have been wrong at scale, including about which side would form a government. They are not part of the counting process in any way, and the only official figure is the one the Returning Officer declares.
Who the restrictions bind
Both sections apply to everyone publishing, not only to broadcasters. Social media posts, messaging forwards and news websites fall within them, and the Commission has issued advisories to that effect before recent elections.
The practical implication for a reader is simple. If a purported exit poll reaches you while voting is still under way anywhere in the country, it is being circulated in breach of Section 126A, and its reliability should be judged accordingly.
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