Do words that have been explained in one part of the act have to neccesary be assigned the same meaning in another act ?


1 Answer 1


The principle of special laws overriding general laws is applicable to the Indian Penal Code.

For references where this has been applied, see paragraph 14;

Ajoy Kumar Banerjee & Ors. Etc vs Union Of India & Ors. Etc


(i) The Legislature has the undoubted right to alter a law already promulgated through subsequent legislation, (ii) A special law may be altered, abrogated or repealed by a later general law by an express provision,

(iii) A later general law will override a prior special law if the two are so repugnant to each other that they cannot co-exist even though no express provision in that behalf is found in the general law, and (iv) It is only in the absence of a provision to the contrary and of a clear inconsistency that a special law will remain wholly unaffected by a later general law. Maxwell-"Interpretation of Statutes Twelfth Edition pp. 196-198, referred to.

  • are there cases where the general law can override the special law when the two are inconsistent ?
    – user49663
    Commented May 9, 2023 at 9:30

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