Section 146A: Statements Made by Persons to the Election Commission
Section 146A of the Representation of the People Act, 1951 provides a limited statutory safeguard for a person who gives evidence before the Election Commission of India. Subject to the conditions in the proviso, the statement cannot be used against the person in civil or criminal proceedings, except in a prosecution for giving false evidence by that statement.
Section 146A: Statutory provision
No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:
Provided that the statement—
(a) is made in reply to a question which he is required by the Commission to answer, or
(b) is relevant to the subject-matter of the inquiry.
Meaning and scope of Section 146A
Giving evidence: The statement must arise in the course of giving evidence before the Election Commission, rather than merely being an ordinary public comment, a press statement or an unsolicited allegation unrelated to an inquiry.
Protection against use: Where the statutory conditions apply, the statement itself must not subject the person to, or be used against that person in, civil or criminal proceedings. This does not automatically extinguish liability based on other independently admissible evidence or unrelated conduct.
False evidence: The express exception permits a prosecution for giving false evidence by the statement. A person cannot invoke Section 146A to claim immunity from that prosecution.
Two alternative conditions in the proviso
- Required answer (clause a): The statement responds to a question the Election Commission requires the person to answer.
- Relevant evidence (clause b): The statement is relevant to the subject matter of the inquiry.
The proviso uses “or”: satisfying either condition can bring a statement within the protection, subject to the opening requirements of Section 146A.
How Sections 146, 146A and 146B relate
Section 146 concerns the Election Commission's powers in the relevant inquiry context. Section 146A addresses the treatment of statements made by persons giving evidence, while Section 146B concerns procedure to be followed by the Commission. Section 146C deals separately with protection for action taken in good faith.
Practical illustrations
Required answer: During a Commission inquiry, a witness answers a question the Commission requires them to answer. The answer falls within clause (a), subject to the other statutory requirements and the false-evidence exception.
Relevant voluntary evidence: A witness supplies a statement relevant to the inquiry, even if the particular answer was not compelled. Clause (b) may apply.
False testimony: If a witness gives false evidence in the statement, Section 146A does not prevent a prosecution for that false evidence.
Frequently asked questions
Does Section 146A protect all statements sent to the Election Commission?
No. It applies to statements made in the course of giving evidence before the Commission and meeting either of the proviso's conditions.
Can the statement be used in a false-evidence prosecution?
Yes. The section expressly excepts a prosecution for giving false evidence by that statement.
Must a statement be made in response to a compulsory question?
Not necessarily. The alternative condition is that it be relevant to the subject matter of the inquiry.
Official legal resources
Refer to the India Code for the official legislation and amendments and the Election Commission of India for Commission information, orders and applicable guidance. Interpretation depends on the facts, the statutory context and binding judicial decisions.