If provisions to any offense, is punishable under two or more enactments, then in what manner offender will be prosecuted and punished by the court? Explain under the General Clauses Act, 1897.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
If provisions to any offense, is punishable under two or more enactments, then in what manner offender will be prosecuted and punished by the court? Explain under the General Clauses Act, 1897.
Answer & Explanation:
According to section 26 of General Clauses Act, 1897, where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence. According to the Hon'ble Supreme Court in Baliah v. Rangachari, AIR 1969 SC 701 , a plain reading of section 26 shows that there is no bar to the trial or conviction of an offender under two enactments, but there is only a bar to the punishment of the offender twice for the same offence. In other words, the section provides that where an act or omission constitutes an offence under two enactments, the offender may be prosecuted and punished under either or both the enactments but shall not be liable to be punished twice for the same offence.
Topics: General Clauses Act, 1897
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