False statement an offence if made to influence poll: HC

Saurabh Malik

Tribune News Service

Chandigarh, October 15

The Punjab and Haryana High Court has ruled that an offence on false statement in connection with an election would be considered to have been committed only when it was made with intent to affect the poll result. The Bench was interpreting the provisions of “Section 171-G of the IPC.

Section 171-G states: “Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.”

Justice Anil Kshetarpal asserted mens rea (intention or knowledge) and motive were essential for prosecuting an accused. Section 171-G of IPC clearly prescribed that the offence was deemed to have been committed only when the false statement in connection with election was with intent to affect the result.

The ruling came on a petition filed by former minister Tikshan Sood. He was summoned by a Hoshiarpur court to face trial on a complaint alleging filing of a false affidavit under the provisions of the Representation of Peoples Act and the Indian Penal Code.

Justice Kshetarpal has already set aside the complaint as well as summoning order and quashed criminal prosecution against Sood. In the copy of the judgment now available, Justice Kshetarpal also referred to Section 125-A of the Representation of Peoples Act dealing with the penalty for filing a false affidavit.

He made it clear that prosecution under the provisions could be launched only when false information was given by the candidate, who knew or had reasons to believe the information to be false.

Describing the summoning of an accused as a serious matter, Justice Kshetarpal added: “The court before summoning an accused must after due application of mind carefully scrutinise the evidence and then only pass an order if the offence was prima facie found to have been committed by the accused”.