Skip to content

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

Which statement about Section 5 of the General Clauses Act, 1897 is correct?

The default commencement rule applies only where the Central Act does not state a particular day of operation. Section 5(1) works only in that silence, and Section 5(3) yields to any contrary expression, so the other statements are wrong.

  1. ASection 5(3) applies even if the Act expressly states a contrary intention
  2. BThe default rule on commencement applies only where the Act does not state a particular day of operationCorrect
  3. CAssent is irrelevant if the Act is published in the Gazette
  4. DSection 5(1) applies to State Acts also

Explanation

Section 5(1) operates only where a Central Act is not expressed to come into operation on a particular day. Section 5(3) applies unless the contrary is expressed, so a contrary intention overrides it. The section speaks of Central Acts, not State Acts, and assent is the key event.

Did you get it right without looking?

One question tells you little. A timed set on Interpretation of Statutes shows your real accuracy, how long you take and where you lose marks.

Practise Interpretation of StatutesFree diagnostic mock

More Interpretation of Statutes questions