Skip to content

CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897

A statute provides: 'Any person who sells adulterated goods shall be punished with fine.' Later, the Parliament repeals this statute and re-enacts it with changes. Sunil committed the offence before the repeal and proceedings against him were not begun. Under the General Clauses Act, 1897 and in the absence of a contrary intention, what is the position?

Sunil can still be prosecuted. Under the General Clauses Act, unless a different intention appears, repeal of an enactment does not affect any penalty or punishment incurred under it, and proceedings may be instituted or continued as if the repealing law had not been passed.

  1. ASunil cannot be prosecuted because repeal wipes out the offence completely
  2. BSunil can be prosecuted for the offence, as repeal does not affect any penalty incurred under the repealed enactmentCorrect
  3. CSunil can be prosecuted only if the new enactment expressly says so
  4. DSunil can be prosecuted only under the new enactment, with its changed penalty

Explanation

The General Clauses Act provides that repeal does not affect any penalty, forfeiture or punishment incurred under the repealed enactment, nor any legal proceeding for it. So prosecution may be started or continued under the old law. Option A states the common law view, which the Act displaces.

Did you get it right without looking?

One question tells you little. A timed set on The General Clauses Act, 1897 shows your real accuracy, how long you take and where you lose marks.

Practise The General Clauses Act, 1897Free diagnostic mock

More The General Clauses Act, 1897 questions