CHAPTER IV.--Powers of Election Commission in connection with inquiries as to disqualifications of MembersCentral

Section 146A of The Representation of the People Act, 1951

No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement--

(a)is made in reply to a question which he is required by the Commission to answer, or
(b)is relevant to the subject-matter of the inquiry.

Summary

A person who gives evidence to the Election Commission is protected from being sued for what they say.
Your statements cannot be used as evidence against you in any other civil or criminal court case.
This protection only works if you are answering a question the Commission required you to answer.
Your statement must also be related to the topic the Commission is investigating to be protected.
The only time this protection fails is if you lie, because you can still be prosecuted for giving false evidence.

Practical examples

1Mr. Gupta tells the Commission that he took a small bribe five years ago while testifying about a current election case. He cannot be arrested for that bribe based only on what he just said.

2A witness admits to a secret business deal while answering a mandatory question from the Commission. A rival tries to use that admission in a civil lawsuit, but the judge rejects it.

FAQ

1. Can my witness statement be used against me under Section 146A of The Representation of the People Act, 1951?

No, Section 146A of The Representation of the People Act, 1951 ensures that your statements cannot be used against you in civil or criminal cases, with very few exceptions.

2. Does Section 146A of The Representation of the People Act, 1951 protect me if I lie?

No, Section 146A of The Representation of the People Act, 1951 does not protect you from a prosecution for giving false evidence.

3. Do I have to answer every question to be protected by Section 146A of The Representation of the People Act, 1951?

To be protected by Section 146A of The Representation of the People Act, 1951, the statement must be in reply to a question you were required to answer or be relevant to the inquiry.

Test yourself

Q1.Under Section 146A of The Representation of the People Act, 1951, when can a statement made to the Commission be used against a person?

Q2.What is a requirement for protection under Section 146A of The Representation of the People Act, 1951?

Q3.How does Section 146A relate to the powers given in Section 146 of The Representation of the People Act, 1951?

Q4.Does the protection in Section 146A of The Representation of the People Act, 1951 apply to civil proceedings?

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