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Cognizance valid even if wrong section cited in the order

July 3, 2026 legaldeli

Judgment dated 1.7.2026 of the Supreme Court in SLP (Criminal) No.16030 of 2025 of Chandrikaben Kishor Dafda Vs. State of Gujarat and others

Cognizance valid even if wrong section cited in the order

Cognizance of the offence is taken not of section or the person. Even if the section cited was erroneous, the offence of filing a false affidavit in the electoral process remains cognizable.

In 2016, the complaint was filed that the appellant had not disclosed the landed property owned by her and her spouse in the electrical filing for the office of Municipal Councillor. Thereafter, the private complaint was filed and mentioned certain provisions of the IPC.

An order was, however, passed to register the inquiry and to issue summons as per Section 125(A) of the Representation of People’s Act.

One of the challenge to the said order that there was error in taking cognizance under the wrong section.

In view of the above, the taking of cognizance itself, even if it was taken under a singular section and that too was erroneous, for it is a well settled principle of law that cognizance is taken of the offence and not people. If the issue is that a false affidavit has been filed in the electoral process, that is an offence against society at large and has to be investigated.

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