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Report No. 244

(ii) Amendments on false disclosures

The Law Commission recommends that the following changes be made to the law on false disclosure on affidavits

i. Section 125A of the Representation of the People Act, 1951 should be amended by substituting the words "may extend to six months, or with fine, or with both" with the words "shall not be less than two years, and shall also be liable to fine". The amended Section 125A would read as follows:

"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 shall not be less than two years, and shall also be liable to fine."

[Section 125A is to be read with the direction to be issued by the Supreme Court to all courts that trial under Section 125A shall be expedited and heard on a day-to-day basis]

ii. Section 8(1)(i) of the Representation of the People Act, 1951 be amended by inserting the words "or section 125A (penalty for filing false affidavit, etc.)" after the words "section 125 (offence of promoting enmity between classes in connection with the election)". The amended Section 8(1)(i) would read as follows:

"8. Disqualification on conviction for certain offences.- (1) A person convicted of an offence punishable under-

(a) ...

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(i) section 125 (offence of promoting enmity between classes in connection with the election) or section 125A (penalty for filing false affidavit, etc.) or section 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of booth capturing) of clause (a) of sub-section (2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of this Act;

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iii. Section 123 of the Representation of the People Act, 1951 be amended by inserting clause 4A after clause 4 as follows:

"123. Corrupt practices.- The following shall be deemed to be corrupt practices for the purposes of this Act:

(1) ...

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(4A) failure by a candidate to furnish information relating to sub-section (1) of section 33A, or giving of false information which he knows or has reason to believe to the false, or concealment of any information in the nomination paper delivered under subsection (1) of section 33 or in the affidavit delivered under sub-section (2) of section 33A".



Electoral Disqualifications Back




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