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Where an act or an omission constitutes for an offence under two enactments the offender may be punished under either or both enactment but was not liable to be punished twice for the same offence.

'general provision should yield to special provision'

Home Criminal

Non­obstante clause – Statutory Interpretation

by PLRonline
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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.)

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Tags: Double Jeopardy, Interpretation of Statutes, IPC S. 379, IPC S. 408, IPC S. 420, IT Act S. 66, non-obstante
Tags: Double JeopardyInterpretation of StatutesIPC S. 379IPC S. 408IPC S. 420IT Act S. 66non-obstante

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