Crime and Punishment: Do politicians in power receive special treatment in courts? Evidence from India

Abstract

Are elected politicians treated more leniently when facing criminal charges? I present evidence of judicial discretion in the world's largest democracy, India. I analyze whether pending criminal cases of politicians marginally winning the election are more likely to be closed without a conviction compared to cases from politicians marginally losing the election. I find that winning office increases the chances of a favorable outcome only for politicians from the ruling party. Evidence suggests that the misuse of executive powers and witnesses turning hostile are among the main explanations for this result.