CHAPTER I.--Nomination of CandidatesCentral

Section 33A of The Representation of the People Act, 1951

1[33. Presentation of nomination paper and requirements for a valid nomination.--(1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under sub-section (1) of section 33, also furnish the information as to whether--

(i)he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction;
(ii)he has been convicted of an offence [other than any offence referred to in sub-section (1) or sub-section (2), or covered in sub-section (3), of section 8] and sentenced to imprisonment for one year or more.

(2)The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under sub-section (1) of section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form verifying the information specified in sub-section (1).
(3)The returning officer shall, as soon as may be after the furnishing of information to him under sub-section (1), display the aforesaid information by affixing a copy of the affidavit, delivered under sub-section (2), at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered.]

Summary

Candidates must provide extra information along with the nomination papers mentioned in Section 33.
They must disclose if they are currently accused of any crime that could lead to two or more years in prison.
They must also disclose if they were ever convicted of a crime and sentenced to one year or more of jail time.
The candidate must provide this information in a sworn statement called an affidavit.
The returning officer is required to display this information in a public place at their office so voters can see it.

Practical examples

1Candidate Vikram has a pending court case for a serious fight two years ago, so he lists this on his official affidavit.

2Since Candidate Sarah has a clean record, her affidavit simply states that there are no pending cases or past convictions against her.

3A local voter visits the election office and reads the criminal record affidavits posted on the public bulletin board.

FAQ

1. What criminal information must a candidate disclose under Section 33A of the Representation of the People Act, 1951?

Under Section 33A of the Representation of the People Act, 1951, candidates must disclose pending cases with potential sentences of two or more years and past convictions of one year or more.

2. How does a candidate verify the information required by Section 33A of the 1951 Act?

Under Section 33A of the Representation of the People Act, 1951, the candidate must deliver an affidavit sworn by them to verify the information.

3. Can the public see a candidate's criminal record under the Representation of the People Act, 1951?

Yes, Section 33A of the Representation of the People Act, 1951, requires the returning officer to display the information at a conspicuous place at his office.

Test yourself

Q1.Under Section 33A of the Representation of the People Act, 1951, a candidate must disclose pending criminal cases if the possible imprisonment is for how long?

Q2.According to Section 33A of the Representation of the People Act, 1951, when must the affidavit be delivered to the returning officer?

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