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Report No. 60

7.8. Position as to expiry of temporary Acts in India.-

The position in Indian law as to the effect of the expiry of temporary Acts, which we have already discussed,1 is thus understood:2

Unless the temporary Act contains some special provision to the contrary, no proceeding can be taken upon a temporary Act after its expiry, and it ceases to have, any further effect. Therefore, offences committed against temporary Acts must be prosecuted and punished before the Act expires, and as soon as the Act expires, any proceedings which may have been taken against a person will ipso facto terminate.

1. Paras. 7.3 and 7.4, supra.

2. See-

(a) Krishnan v. State of Madras, AIR 1951 SC 301 (304): 1951 SCR 621; (per Patanjali Sastri J.).

(b) State v. jagamandar Das, AIR 1954 SC 683: 1955 SCA 539.

(c) State of Punjab v. Mahar Singh, 1955 SCR 85.

(d) Gopichand v. Delhi Administration, AIR 1959 SC 609.

7.9. The position in England is the same.1-2

1. Wicks v. Director of Public Prosecutions, 1947 AC 362 (HL).

2. See also para. 7.5, supra.

General Clauses Act, 1897 Back

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