In an analysis of the self-sworn affidavits of MPs of the 17th Lok Sabha, the latest report of ADR found that 40% of them had criminal cases against them. Moreover, about 29% had serious criminal cases registered against them, as per the data.
Criteria for serious criminal cases
Offence for which maximum punishment is of 5 years or more
If an offence is non-bailable
If it is an electoral offence (For eg: IPC 171E or bribery)
Offence related to loss to exchequer
Offences that are related to assault, murder, kidnap or rape
Offences that are mentioned in Representation of the People Act (Section 8)
Offences under Prevention of Corruption Act Crimes against women
Know Your Candidate
Want to know if your candidate has an impeccable background, or he or she is mired in legal tangles? The Election Commission of India has launched a dedicated app to disseminate information about the criminal antecedents of candidates. The KYC, or Know Your Candidate app, allows citizens to browse candidates and their credentials, thus facilitating the public to make informed decisions. The KYC app can be downloaded on both Android and iOS platforms.
MPs enjoy freedom from arrest when Parliament is in session
Members of Parliament enjoy certain privileges so that they can perform their duties. One such privilege is freedom from arrest when the Parliament is in session. This privilege of freedom from arrest is limited only to civil cases and has not been allowed to interfere in the administration of criminal proceedings. Under Article 105 of the Constitution, MPs enjoy certain privileges so that they can perform their parliamentary duties without let or hindrance. One of the privileges is that an MP cannot be arrested in a civil case 40 days before the commencement of the session or a House committee meeting, and 40 days thereafter.
Murder cases
Nine MPs have declared cases related to murder. Out of these, 5 MPs are from BJP, 1 from INC, BSP, YSRCP each and 1 MP an independent.
Attempt to murder
28 MPs have declared cases of attempt to murder. Out of these, 21 are from BJP and one MP each from INC, AITC, BSP, NCP (Sharad Pawar), YSRCP, Rashtriya Lok Janshakti Party and Viduthalai Chiruthaigal Katchi.
Crimes against women
16 MPs have declared cases related to crimes against women. Of them, 3 have declared cases related to rape (IPC Section 376)
‘No immunity from arrest’
According to former Rajya Sabha Chairman M Venkaiah Naidu, an MP does not have immunity from being arrested in criminal cases — when the House is in session or otherwise. Naidu said that MPs could not avoid summons from law enforcement agencies.