Non­obstante clause – Statutory Interpretation

criminal trial

interpretation of statutes  – Statutory Interpretation  – Settled principle of statutory interpretation that a clause or a Section beginning with ‘notwithstanding anything contained in this Act or some particular provision in the Act or in any law for the time being in force', ‘is sometimes appended in a Section or is included in an enactment which would give the provision or the Act an overriding effect over the provision or the Act mentioned in the non­obstante clause – The non­obstante clause may be used as legislative device to modify the ambit of the provision or law mentioned in the non­obstante laws or to override in specified circumstances – The phrase ‘notwithstanding anything in' is used in contradiction to the phrase ‘subject to', the latter conveying the idea of the provision yielding placed to another provision or other provisions to which it is made subject to

2019 PLRonline 1009 (Bom.)