CHAPTER III.--Electoral OffencesCentral

Section 125A of The Representation of the People Act, 1951

Penalty for filing false affidavit, etc

1[125A . Penalty for filing false affidavit, etc.—A candidate who himself or through his proposer, with intent to be elected in an election,—

(i)fails to furnish information relating to sub-section (1) of section 33A; or
(ii)give false information which he knows or has reason to believe to be false; or
(iii)conceals any information, in his nomination paper delivered under sub-section (1) of section 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.]

Summary

This provision sets the penalty for candidates who fail to provide required information during the nomination process.
It punishes a candidate who fails to furnish information regarding their criminal background, such as pending cases or past convictions.
It also applies if a candidate gives false information or conceals information in their nomination paper or affidavit.
The penalty for these acts is imprisonment for up to six months, a fine, or both.

Practical examples

1On May 20, 2024, a candidate named Anil Mehra deliberately leaves out details about a pending criminal case where charges were framed against him for a major theft.

2A candidate named Meera Das submits an affidavit on June 1, 2024, claiming she has never been convicted of a crime, even though she served a one-year sentence for fraud in 2018.

FAQ

1. What is the penalty for a false affidavit under Section 125A of the Representation of the People Act?

Under Section 125A of The Representation of the People Act, 1951, the penalty is imprisonment for up to six months, or a fine, or both.

2. Does Section 125A of the 1951 Act cover information about pending cases?

Yes, under Section 125A of The Representation of the People Act, 1951, failing to furnish information required under Section 33A, which includes pending cases with framed charges, is a punishable offence.

3. What happens if I make a mistake on my nomination paper under Section 125A of the 1951 Act?

Section 125A of The Representation of the People Act, 1951, applies when a candidate has "intent to be elected" and gives false information they know is false or conceals information.

Test yourself

1.Under Section 125A of The Representation of the People Act, 1951, a candidate can be punished for concealing information in which document?

2.Under Section 125A of The Representation of the People Act, 1951, what is the maximum imprisonment term for providing false information?

3.Under Section 125A of The Representation of the People Act, 1951, who can be punished for these acts?

4.Under Section 125A of the Representation of the People Act, 1951, the offence is committed if the candidate has what intention?

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