BJP, Congress Dominate List Of 450 Violent MLAs, MPs

The Prime Minister, Shri Narendra Modi in a group photograph with the Members of 16th Lok Sabha, in New Delhi on March 18, 2015.

A police case filed against a Delhi politician from the Aam Aadmi Party (AAP) for violent acts—including assault, trespass and impeding public officials—is a reminder of how common such cases are among elected representatives of India’s people, an IndiaSpend analysis has revealed.

As many as 450 of 4,915 Members of Legislative Assemblies (MLAs) and Members of Parliament (MPs) across India have first information reports (FIRs) filed against them under Indian Penal Code (IPC) section 353, which the Delhi Police used in registering an FIR this week against AAP MLA Alka Lamba, who ransacked a shop and toppled a billing machine.

While 450 MLAs/MPs were booked under section 353, 424—of these 450 or others—have been booked under section 427, 169 under section 186 and 14 under section 451.

An analysis of self-sworn affidavits—which candidates submit to Election Commission when contesting elections—show that 9.2% of elected MLAs/MPs are booked under these sections.

Cases Registered Against MLAs/MPs
IPC SectionNo. of MPs & MLAs With Cases Registered
353450
427424
186169
45114

Source: Contesting Candidate Affidavits to ECI

The largest numbers are from the Bharatiya Janata Party (BJP) and the Congress.

MLAs/MPs With Cases Registered, Party-wise
PartyNo. of MPs & MLAs With Cases Under IPC Section 353No. of MPs & MLAs With Cases Under IPC Section 427No. of MPs & MLAs With Cases Under IPC Section 186No. of MPs & MLAs With Cases under IPC Section 451
BJP134106488
INC5453271
SP393391
AITC344222
SHS312961
TRS20188
AIADMK179
JD(U)16134
AAP124121
TDP12164
YSR Congress Party7104
BJD6112
BSP68
AIMIM566
RJD58
JMM44
AIFB4
NCP414
CPM65
JVM(P)3
Others353119
Grand Total45042416914

Source: Contesting Candidate Affidavits to ECI; Note: MPs and MLAs with cases under disparate IPC Sections are not dis-joint, e.g. An MP/MLA may have one or more cases involving one or more of four IPC Sections

2. IPC Section 353: Assault or criminal force to deter public servant from discharge of his duty—Whoever assaults or uses criminal force against any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public serv­ant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

57 MPs and 393 MLAs have declared cases under IPC 353.

Assault/Criminal Force: How The Parties Rank
PartyNo. of MPs & MLAs With Cases Under IPC Section 353
BJP134
INC54
SP39
AITC34
SHS31
TRS20
AIADMK17
JD(U)16
AAP12
TDP12
YSR Congress Party7
BJD6
BSP6
AIMIM5
RJD5
JMM4
NCP4
CPM6
JVM(P)3
Others35
Grand Total450

Source: Contesting Candidate Affidavits to ECI

MPs Charged Under Section 353
HouseNo. of MPs With Cases
Lok Sabha52
Rajya Sabha5

Source: Contesting Candidate Affidavits to ECI

MLAs Charged Under Section 353
State AssembyNo. of MLAs With Cases
Uttar Pradesh69
Maharashtra56
Bihar44
West Bengal40
Telangana25
Madhya Pradesh23
Jharkhand22
Tamil Nadu19
Andhra Pradesh16
Delhi13
Odisha13
Rajasthan12
Karnataka10
Chhattisgarh5
Uttarakhand5
Haryana4
Tripura4
Punjab3
Goa2
Gujarat2
Jammu & Kashmir2
Puducherry2
Himachal Pradesh1
Sikkim1
Grand Total393

Source: Contesting Candidate Affidavits to ECI

3. IPC Section 427: Mischief causing damage to the amount of fifty rupees—Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

56 MPs and 368 MLAs have declared cases under IPC 427.

Mischief Causing Damage: How The Parties Rank
PartyNo. of MPs & MLAs With Cases Under IPC Section 427
BJP106
INC53
AITC42
SP33
SHS29
TRS18
TDP16
NCP14
JD(U)13
BJD11
YSR Congress Party10
AIADMK9
BSP8
RJD8
AIMIM6
CPM5
AAP4
AIFB4
JMM4
Others31
Grand Total424

Source: Contesting Candidate Affidavits to ECI

MPs Charged Under Section 427
HouseNo. of MPs With Cases
Lok Sabha53
Rajya Sabha3

Source: Contesting Candidate Affidavits to ECI

MLAs Charged Under Section 427
State AssemblyNo. of MLAs With Cases
Uttar Pradesh61
Maharashtra60
West Bengal56
Bihar34
Telangana25
Jharkhand21
Andhra Pradesh20
Odisha18
Gujarat14
Madhya Pradesh12
Tamil Nadu10
Rajasthan7
Karnataka6
Goa5
Delhi4
Assam3
Haryana3
Tripura3
Chhattisgarh1
Himachal Pradesh1
Jammu & Kashmir1
Puducherry1
Punjab1
Uttarakhand1
Grand Total368

Source: Contesting Candidate Affidavits to ECI

4. IPC Section 451: House-trespass in order to commit offence punishable with imprisonment. Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.

Three MPs and 11 MLAs have declared cases under IPC 451.

Trespass: How The Parties Rank
PartyNo. of MPs & MLAs With Cases Under IPC Section 451
BJP8
BJD2
AAP1
INC1
SHS1
SP1
Grand Total14

Source: Contesting Candidate Affidavits to ECI

MPs Charged Under Section 451
HouseNo. of MPs With Cases
Lok Sabha1
Rajya Sabha2

Source: Contesting Candidate Affidavits to ECI

MLAs Charged Under Section 451
State AssemblyNo. of MLAs With Cases
Delhi1
Goa2
Haryana1
Maharashtra2
Odisha3
Rajasthan2
Grand Total11

Source: Contesting Candidate Affidavits to ECI

5. IPC Section 186: Obstructing public servant in discharge of public functions—Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

24 MPs and 145 MLAs have declared cases under IPC 186.

Impeding Public Servants: How The Parties Rank
PartyNo. of MPs & MLAs With Cases Under IPC Section 186
BJP48
INC27
AITC22
AAP12
SP9
TRS8
AIMIM6
SHS6
JD(U)4
TDP4
YSR Congress Party4
Others19
Grand Total169

Source: Contesting Candidate Affidavits to ECI

MPs Charged Under Section 186
HouseNo. of MPs With Cases
Lok Sabha22
Rajya Sabha2

Source: Contesting Candidate Affidavits to ECI

MLAs Charged Under Section 186
State AssemblyNo. of MLAs With Cases
West Bengal29
Maharashtra17
Telangana14
Delhi12
Uttar Pradesh12
Madhya Pradesh10
Rajasthan8
Jharkhand7
Bihar6
Gujarat6
Andhra Pradesh5
Odisha5
Chhattisgarh4
Punjab3
Haryana2
Himachal Pradesh2
Karnataka2
Uttarakhand1
Grand Total145

Source: Contesting Candidate Affidavits to ECI

This article has been republished from IndiaSpend.com.

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