STATE OF PUNJAB versus MOHAR SINGH

STATE OF PUNJAB versus MOHAR SINGH

Section 6 of the General Clauses Act applies to repeal followed by re-enactment unless the new statute evidences a contrary intention. The rights and liabilities accrued under the repealed Ordinance, including liability for offences, are not extinguished by mere repeal/re-enactment unless the new enactment so provides. The respondent's liability for prosecution persists after repeal and simultaneous enactment.

Parties
Appellant: State of Punjab; Respondent: Mohar Singh
Jurisdiction
India
Judgment Date
20 December 1954
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment Under Article 134(1)(c) of the Constitution
Outcome
Appeal allowed
Legal Topics
Repeal and Re Enactment, General Clauses Act, Effect of Repeal on Prosecution, Temporary Statutes, False Information in Claims
Criminal Law Statutory Interpretation Repeal and Re Enactment General Clauses Act Effect of Repeal on Prosecution Temporary Statutes False Information in Claims

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Parties

State of Punjab

Appellant

Mohar Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment Under Article 134(1)(c) of the Constitution

Legal Issues

  1. 1 Whether prosecution for an offence committed under a repealed Ordinance can continue after repeal and re-enactment
  2. 2 Applicability of Section 6 of the General Clauses Act, 1897, in case of repeal and simultaneous re-enactment
  3. 3 Interpretation of 'anything done' in Section 11 of the East Punjab Refugees (Registration of Land Claims) Act, 1948

Ratio Decidendi

Section 6 of the General Clauses Act applies to repeal followed by re-enactment unless the new statute evidences a contrary intention. The rights and liabilities accrued under the repealed Ordinance, including liability for offences, are not extinguished by mere repeal/re-enactment unless the new enactment so provides. The respondent's liability for prosecution persists after repeal and simultaneous enactment.

Court Disposition

Appeal allowed

Orders

  • High Court judgment set aside
  • Sentence passed by the Magistrate stands