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SC: Private Complaints Under Section 125-A of RPA Maintainable, No Need for Section 195 CrPC Rigor

Verdictum•
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Summary

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  • The Supreme Court has ruled that private complaints under Section 125-A of the Representation of the People Act are maintainable without needing to meet the requirements of Section 195 of the Code of Criminal Procedure.
  • This decision arose from an appeal against a Karnataka High Court judgment that quashed a complaint alleging false disclosure by a Legislative Assembly member.
  • The Court clarified that the omission of Section 125-A from Section 195 indicates that private individuals can file complaints regarding such offences.
  • This ruling could significantly impact how electoral offences are prosecuted, allowing greater access for private citizens to seek justice in such matters.

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