Discuss the provision as to offences punishable under two or more enactments as stated under Section 26 of the General Clauses Act, 1897.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
Discuss the provision as to offences punishable under two or more enactments as stated under Section 26 of the General Clauses Act, 1897.

Answer & Explanation:

As per 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 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

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