Representation of the People Act, 1951 / Electoral offences

Section 125A: Penalty for Filing a False Affidavit in Elections

Section 125A of the Representation of the People Act, 1951 penalises specified failures to disclose information, knowingly false statements and concealment of information in a candidate's nomination paper or statutory affidavit. The maximum imprisonment is six months, or a fine, or both.

What does Section 125A provide?

Under Section 125A, a candidate who, personally or through a proposer and with intent to be elected:

fails to furnish information relating to Section 33A(1); or
gives information which the candidate knows or has reason to believe is false; or
conceals information,

in a nomination paper delivered under Section 33(1) or in the affidavit required under Section 33A(2), as applicable, is punishable, notwithstanding anything contained in any other law, with imprisonment extending to six months, or fine, or both.

Explanation of the relevant legal provisions

Section 33(1): Presentation of nomination paper

Section 33(1) regulates presentation of the nomination paper to the Returning Officer in the prescribed manner, including signature by the candidate and the requisite proposer or proposers.

Section 33A(1): Disclosure of criminal antecedents

Section 33A(1) requires disclosure of prescribed information concerning pending criminal cases in which charges have been framed by a competent court for offences punishable with imprisonment of two years or more, and convictions with sentences of imprisonment of one year or more, subject to the precise statutory qualifications.

Section 33A(2): Affidavit

Section 33A(2) requires the candidate or proposer to deliver an affidavit in the prescribed form verifying the information required under Section 33A(1). Form 26 under the Conduct of Elections Rules, 1961 also contains additional declarations required by the applicable rules and judicial directions.

Candidate disclosures in Form 26

Form 26 seeks disclosures about criminal cases and convictions, assets and liabilities, financial and tax particulars, and educational qualifications, as specified in the current form. The candidate should accurately complete each applicable field and use "NIL" or "Not Applicable" where appropriate instead of leaving blanks. See the Election Commission's official nomination forms and Form 26.

When can liability arise under Section 125A?

Non-disclosure: failing to provide the criminal-case information required under Section 33A(1).
Knowingly false information: furnishing information in the relevant nomination paper or affidavit while knowing, or having reason to believe, that it is false.
Concealment: suppressing information in the statutory nomination or affidavit in the circumstances covered by Section 125A.

The candidate's intent to be elected and the other statutory elements must be established. A mere allegation of an incorrect statement does not by itself establish criminal guilt.

Punishment for a false election affidavit

The punishment prescribed under Section 125A is imprisonment for up to six months, or a fine, or both. The section does not prescribe a mandatory minimum sentence or a fixed amount of fine. The non-obstante wording means the provision operates notwithstanding inconsistent provisions in other laws, but it does not dispense with proof of the ingredients of the offence.

False information and rejection of nomination

Criminal liability under Section 125A is distinct from scrutiny and rejection of nomination papers under Section 36. The Election Commission explains that incorrect information alone is not automatically a ground for rejection by the Returning Officer. In contrast, leaving Form 26 columns blank and failing to supply a completed affidavit even after notice may result in rejection at scrutiny, in accordance with the Supreme Court decision in Resurgence India v. Election Commission of India (2013). See the Election Commission's nomination FAQs.

How can a false-affidavit complaint be pursued?

A complainant may approach the competent court for action under Section 125A with the relevant nomination paper, certified or officially published affidavit, and supporting evidence. The Election Commission's guidance recognises the option of approaching the appropriate court directly. The applicable criminal procedure, limitation questions and evidentiary requirements depend on the facts and governing law.

Affidavits can be checked through the Election Commission's Candidate Affidavit Portal and information on the official candidate nomination process.

Related election law provisions

Section 123 defines corrupt practices for election-law purposes, while Section 125 addresses promotion of enmity between classes in connection with elections. Section 125A is a separate electoral offence; a false-affidavit allegation should not automatically be equated with a corrupt practice under Section 123.

Official legal references

Updated: 5 October 2026. This article explains the statutory position and should be read with applicable rules, election notifications and judicial decisions.