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

An Act provides that an offence is punishable with fine, and the same act also constitutes an offence under another Act. Rajesh is accused of committing one act that is an offence under both Acts. Under the General Clauses Act, 1897, which statement is correct?

Rajesh may be prosecuted and punished under either Act, but not punished twice for the same offence. The General Clauses Act permits prosecution under any enactment making the act an offence, while barring a second punishment for the identical offence.

  1. ARajesh may be prosecuted and punished under either or both Acts, but cannot be punished twice for the same offenceCorrect
  2. BRajesh can be prosecuted only under the Act that was passed later
  3. CRajesh can be prosecuted only under the Act that was passed earlier
  4. DRajesh can never be prosecuted under either Act because of double jeopardy by default

Explanation

The General Clauses Act provides that where an act is an offence under two or more enactments, the offender may be prosecuted and punished under either or any of them, but shall not be punished twice for the same offence. Neither earliest nor latest Act has automatic priority. The double jeopardy option is wrong because prosecution under either Act is permitted.

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