CHAPTER III.--Trial of Election PetitionsCentral

Section 95 of The Representation of the People Act, 1951

Answering of criminating questions and certificate of indemnity.

[(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture: Provided that

(a)a witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from 1[the High Court]; and
(b)an answer given by a witness to a question put by or before 1[the High] Court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against in any civil or criminal proceeding.

(2)When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any Court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian Penal Code (45 of 1860), or Part VII of this Act arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law.

Summary

Witnesses in an election trial must answer all questions even if the answer makes them look guilty of a crime.
If a witness tells the truth to all questions, the High Court will give them a certificate of indemnity, which is a document protecting them from certain legal punishments.
This certificate can be used as a full defense against criminal charges for bribery or other election crimes mentioned in the law.
An answer given in court cannot be used as evidence against that person in any other civil or criminal case, except if they are being sued for lying under oath.
Receiving this protection does not stop a person from being disqualified from voting or holding office under this law or any other law.

Practical examples

1Arjun is called to testify about a bribe he took to vote for a specific candidate. Even though admitting it could lead to jail time, Section 95 requires him to answer truthfully. Because he is honest, the judge gives him a certificate that prevents the police from charging him for that specific bribe later.

2Priya confesses during a trial that she helped a candidate hide election spending. While her testimony cannot be used to put her in prison for that spending, the Election Commission still uses the information to bar her from voting for the next six years.

FAQ

1. Can I refuse to answer a question that makes me look guilty under Section 95 of The Representation of the People Act, 1951?

No, Section 95 of The Representation of the People Act, 1951, states that you cannot be excused from answering any relevant question just because it might incriminate you.

2. What is a certificate of indemnity under Section 95 of the 1951 Act?

It is a certificate issued by the High Court to a witness who answers all questions truthfully, protecting them from later criminal or civil proceedings regarding those specific facts.

3. Does a certificate of indemnity under Section 95 of the People Act remove my election disqualification?

No, Section 95 explicitly states that the certificate does not relieve a person from any disqualification from voting or holding office imposed by the law.

Test yourself

1.Under Section 95 of The Representation of the People Act, 1951, when is a witness excused from answering a question that might incriminate them?

2.What is the primary benefit of the certificate of indemnity mentioned in Section 95 of The Representation of the People Act, 1951?

3.Under Section 95 of the 1951 People Act, in which case can a witness's answer be used against them in a later proceeding?

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