Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under (i) either or any of those enact... Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under (i) either or any of those enactments (ii) twice for the same offence (iii) both (i) and (ii) (iv) none of the above.
Understand the Problem
The question is asking about the legal implications when an act constitutes an offence under multiple enactments, specifically how the offender is liable to be prosecuted and punished.
Answer
either or any of those enactments
The final answer is (i) either or any of those enactments.
Answer for screen readers
The final answer is (i) either or any of those enactments.
More Information
According to Section 26 of the General Clauses Act, an offender can be prosecuted under either of the enactments, but not punished twice for the same offence, as per the principle of double jeopardy.
Tips
A common mistake is to assume that an offender could be punished twice, but double jeopardy prevents this.
Sources
- Provision as to offences punishable under two or more enactments - indiankanoon.org
- Section 26 | General Clauses Act, 1897 | Law Library - AdvocateKhoj - advocatekhoj.com
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