# Sections 25 to 30 — Miscellaneous Provisions

## Section 25 — Recovery of Fines

Sections 63 to 70 of the Indian Penal Code AND the Code of Criminal Procedure apply to all fines imposed under any Act/Regulation.

Significance: A unified mechanism for fine recovery, regardless of which Act imposes the fine.

## Section 26 — Offence Punishable Under Two or More Enactments

If the same act is an offence under two or more enactments:

The offender may be prosecuted and punished under either or both enactments
BUT shall NOT be punished twice for the same offence (statutory recognition of double jeopardy principle)

### Key Distinction

Different offences, same act → can be prosecuted under multiple Acts
Same offence → only one punishment

## Section 27 — Meaning of "Service by Post"

When a statute requires a document to be served by post, then unless a different intention appears, service is deemed effected by:

Step	Requirement
1	Properly addressing the document
2	Pre-paying (postage)
3	Posting by registered post

Effect: Once these three are done, service is presumed complete when delivery would ordinarily occur — even if the recipient denies receipt.

## Section 28 — Citation of Enactments

In any Act/Regulation/rule/by-law/instrument, an enactment may be cited by title or section. Description/citation of a portion shall include each word/section/part referred to (unless otherwise mentioned).

## Section 29 — Saving for Previous Enactments, Rules & Bye-laws

When any Act/Regulation/rule/by-law is amended, the amendments are treated as modifications or additions; the rest of the Act/Regulation/rule/by-law continues unaffected.

## Section 30 — Application of the Act to Ordinances

The expression "Central Act" wherever it occurs (except in Section 5 and the word 'Act' in clauses (9), (13), (25), (40), (43), (53) and (54) of Section 3 and in Section 25) shall be deemed to include Ordinances made and promulgated by the Governor-General (now President).

## Quick Recap Table

Section	Subject
25	Fine recovery via IPC/CrPC machinery
26	Double punishment barred for same offence
27	Service by post — addressed, pre-paid, registered
28	Citation by title or section
29	Amendments add/modify, rest survives
30	'Central Act' includes Ordinances

Worked example

### Example 1

Example — Section 26

Facts: X drives while intoxicated and kills a pedestrian. He is liable under Section 304A IPC (causing death by negligence) and under the Motor Vehicles Act.

Analysis: Under Section 26, X can be prosecuted under both Acts. But for the same offence/act, he cannot be punished twice (no double penalty for identical wrong).

### Example 2

Example — Section 27

Facts: A notice was sent by registered post to the correct address with proper postage. The addressee claims he never received it.

Analysis: Section 27 raises a presumption of service. The addressee bears the onus to rebut the presumption with strong evidence (e.g., proof of absence).

⚠️ Common exam mistakes

Reading Section 26 as forbidding multiple prosecutions — it actually permits dual prosecution; what it forbids is dual punishment for the same offence.
Forgetting that Section 27's presumption is rebuttable — strong contrary evidence can displace it.
Overlooking Section 30 — Ordinances are generally treated like Central Acts for interpretation purposes.

Bare-Act text Sections 25 to 30 · The General Clauses Act, 1897 · click to expand

Section 26 — 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 either or any of those enactments, but shall not be liable to be punished twice for the same offence. Section 27 — Where any Central Act or Regulation made after the commencement of this Act authorises or requires any document to be served by post, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

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Miscellaneous Provisions — Recovery of Fines, Double Jeopardy, Service by Post, Citation, Saving, Ordinances (Sections 25–30)

Worked example

⚠️ Common exam mistakes