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Report No. 60

Revised section 26

(1) Where an act or omission is made punishable under two or more enactments, the offender shall, subject to the provisions of sub-section (2)1, be liable to be punished under any one, but not under more than one, of those enactments.

(2) Where-

(a) an act or omission constitutes an offence under one enactment, and

(b) the same act or omission, in conjunction with any other ingredient or ingredients, constitutes an offence under any other enactment or enactments, then the offender may be prosecuted and punished for each of such offences, but the aggregate of the punishments shall not exceed the punishment which could have been awarded for the most serious of the offences.

1. In the alternative, the words "and the offences arc not distinct" could be used in sub-section (1) instead of the words "subject to the provisions of sub-section (2)."

[Ch. 14]

General Clauses Act, 1897 Back

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