False affidavit in election – what penalty?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 year, 10 months ago.

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  • #1323


    In the recent elections to the Uttar Pradesh state assembly, one candidate (whom I know personally) had furnished false information in his election affidavit. He also concealed information about certain issues, about his criminal record. What is the penalty for any such false affidavit?

  • #1324

    Furnishing false information in an election affidavit is punishable under Section 125-A of the Representation of the People Act, 1951, and this section is reproduced below:

    125-A. 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 33-A; or

    (ii) gives 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 33-A, 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.”


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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