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CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes

A Central Act received assent on 14 June and states nothing contrary about its commencement. Under Section 5(3) of the General Clauses Act, 1897, from which moment is the Act construed as operating?

The Act is treated as operating immediately on the expiry of 13 June, meaning from the very start of 14 June. Section 5(3) treats commencement as taking effect right after the preceding day ends, unless the Act expresses a contrary intention.

  1. AFrom the last moment of 14 June
  2. BImmediately on the expiration of 13 June, i.e., the beginning of 14 JuneCorrect
  3. CFrom noon on 14 June
  4. DFrom the beginning of 15 June

Explanation

Section 5(3) says that unless the contrary is expressed, a Central Act is construed as coming into operation immediately on the expiration of the day preceding its commencement. The commencement day is 14 June, so the Act operates from the moment 13 June ends. Starting on 15 June would wrongly shift the date by a day.

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