Supreme Court of India allows private complaints against candidates for false election affidavits

The Supreme Court of India has ruled that private citizens are permitted to file criminal complaints against elected candidates who provide false information or conceal material facts in their election affidavits. This decision clarifies that the restrictions outlined in Section 195 of the Code of Criminal Procedure (CrPC) do not prevent such private complaints regarding offences under Section 125A of the Representation of the People (RoP) Act.

In its judgment, a bench comprising Justices Dipankar Datta and Sheel Nagu noted that while magistrates have the power to dismiss frivolous or harassing allegations, the law provides the necessary tools to handle such cases appropriately. The ruling comes while disposing of an appeal regarding a case in Karnataka where a candidate was accused of providing a false residential address in his 2023 assembly election nomination papers.