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📚 Learn/ / The General Clauses Act, 1897
Microlesson · 5-min read

Miscellaneous Provisions — Service by Post and Double Jeopardy

# Miscellaneous Provisions [Sections 25 to 30]

## Meaning of Service by Post [Section 27]

If any law requires a document to be served by post, service is deemed effected if the post is:

Requirement 1Requirement 2Requirement 3
Properly addressedPre-paidPosted by registered post

### Important Notes

(i) Timing of service: A letter is considered served at the time it would be delivered in the ordinary course of post.

(ii) Endorsement of refusal/non-receipt: If notice is sent by registered post to a proper address, it is deemed served.

  • Endorsement 'not claimed' or 'not met' is sufficient proof of service.
  • Example: Notice sent to landlord by registered post, returned by tenant with endorsement of refusal → deemed served.

(iii) Mode mismatch: If a notice required to be sent by 'registered post acknowledgement due' is sent only by 'registered post', the presumption under Section 27 is NOT tenable.

## Provision as to Offence Punishable Under Two or More Enactments [Section 26]

### Core Rule

If an act/omission is an offence under 2 or more enactments:

  • The offender shall be prosecuted and punished under either, BUT
  • NOT punished twice for the same offence

### Constitutional Backing

Article 20(2) of the Constitution → No person shall be prosecuted and punished for the same offence more than once.

### Important Notes

(i) In case of 2 alternative charges in the same trial: Acquittal on one does NOT bar conviction on the other.

(ii) Applies only if the subject of prosecution is the same. If offences are distinct (not identical), Section 26 does NOT apply.

(iii) Any act/omission punishable under any law is called an offence.

## Other Miscellaneous Provisions

### Recovery of Fines

Sections 63 to 70 of IPC and CrPC provisions for issue and execution of warrants apply for recovery of fines under any Act.

### Citation of Enactments

An enactment may be cited by:

  • Title
  • Short title
  • Number and year

Provisions may be cited by reference to section or sub-section.

### Saving for Previous Enactments

GCA provisions apply to construction of Acts/regulations/rules/bye-laws made after GCA commencement.

  • They do NOT affect the construction of laws continuing from before the GCA, even if amended after.

Worked example

### Example 1

Tenant refusing notice: A landlord sends an eviction notice by registered post to the tenant's proper address. The tenant refuses to accept it and the envelope is returned with 'refused' endorsement. Under Section 27, the notice is deemed served on the tenant.

⚠️ Common exam mistakes

  • Assuming ordinary post (not registered) qualifies for the Section 27 presumption — it does not
  • Treating 'registered post' as equivalent to 'registered post acknowledgement due' — the presumption fails if the required mode is not followed
  • Believing acquittal on one alternative charge in the same trial bars conviction on the other — it does not
  • Applying Section 26 to distinct (non-identical) offences — Section 26 only protects against double punishment for the same offence
Bare-Act text Article 20(2) · Constitution of India · click to expand
Article 20(2): No person shall be prosecuted and punished for the same offence more than once.
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