General Exception and Special Laws
By
Yadvendra Pratap Singh
It has been a controversial issue since long whether general exceptions contained in I. P. C. apply to Special Laws also. In all the text books of Indian Penal Code in the notes attached to Sec. 40, I. P. C., large number of cases will be found cited to support the proposition that General Exceptions contained in Chap. IV of I. P. C., apply to the local and special laws also. A contrary view was also held in a few cases.
In the Penal Law of India by Shri Hari Singh Gaur, 9th Edn., Part I, page 515 the case of Penchul Reddi Kottur, (1911) 12 Cri LJ 99 (Mad), is cited in which it was held that general exceptions did not apply to Special Laws. The learned author commented that this view was incorrect and cited Sec. 40, I. P. C. and views of Justice Almond in support of his arguments. Now this controversy is revived again when in a case recently decided under Prevention of Food Adulteration Act and reported in 1981 Cri LJ 904 (Gauhati), it has been held that Sec. 95, I. P. C., a ....