Microlesson · 5-min read

Miscellaneous Provisions (Sections 25-30)

# Miscellaneous Provisions of the General Clauses Act, 1897 (Sections 25–30)

These provisions cover recovery of fines, double jeopardy, service by post, citation of enactments, savings, and application to Ordinances.

## Section 25 — Recovery of Fines

The procedure for recovery of fines imposed under any Act, Regulation, rule or bye-law is governed by:

Sections 63 to 70 of the Indian Penal Code (IPC), and
The Code of Criminal Procedure provisions for issue and execution of warrants for the levy of fines

— unless the Act/Regulation/rule/bye-law has an express provision to the contrary.

## Section 26 — Offence Punishable Under Two or More Enactments (Double Jeopardy)

Rule: Where an act or omission constitutes an offence under two enactments, the offender:

may be prosecuted and punished under either or both enactments,
BUT shall not be liable to be 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.

Crucial Test: Both Section 26 and Article 20(2) apply only when the two offences are the same — i.e., the ingredients constituting the two offences are identical. If the offences are distinct and not identical, neither provision applies and the person can be punished under both.

## Section 27 — Meaning of Service by Post

Where any law requires a document to be served by post, then, unless a different intention appears, service is deemed effected by:

1. Properly addressing the letter

2. Pre-paying the postage

3. Posting by registered post

The letter is deemed to have been delivered at the time it would be delivered in the ordinary course of post.

Important Nuances:

If a statute requires 'registered post acknowledgement due (RPAD)' but the notice is sent only by 'registered post', Section 27's presumption does not save the sender — because Section 27 applies only where the Act does not itself specify the manner.
Where a notice is sent by registered post to a landlord and the tenant returns it with an endorsement of 'refusal', the notice is presumed served.
Where notice is sent by registered post to the correct address and is returned 'not claimed/not met', deemed service is presumed unless contrary is proved.

## Section 28 — Citation of Enactments

Citation means referring to, summarizing, paraphrasing or quoting from another source.

In any Act/Regulation/rule/bye-law/instrument or document, an enactment may be cited by:
its title or short title (if any), OR
its number and year.
Any provision in an enactment may be cited by section/sub-section reference.
The description or citation of a portion of another enactment shall be construed as including each word, section or part mentioned or referred to — unless otherwise stated.

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

When any Act/Regulation/rule/bye-law is amended, the amendment is treated as a modification or addition — and the rest of the Act/Regulation/rule/bye-law continues to operate.

This ensures that an amendment doesn't accidentally wipe out the entire law.

## Section 30 — Application of Act to Ordinances

What is an Ordinance?

Ordinances are laws promulgated by the President of India on the recommendation of the Union Cabinet.
They have the same effect as an Act of Parliament.
They can be issued only when Parliament is not in session.
They enable the government to take immediate legislative action.
An Ordinance ceases to operate if:
Parliament does not approve it within six weeks of reassembly, OR
Both Houses pass disapproving resolutions.
A session of Parliament must be held within six months.

Application: The expression 'Central Act' in this 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 an Ordinance made and promulgated by the Governor General (now President).

Worked example

### Example 1

Q: A person is convicted under Section 304A of the IPC (causing death by rash and negligent act) for a fatal road accident. Subsequently, he is prosecuted under the Motor Vehicles Act for the same accident. Is this permissible?

A: Yes. Under Section 26 of the General Clauses Act read with Article 20(2) of the Constitution, an act constituting an offence under two enactments allows prosecution under both provided the offences are not identical in their ingredients. The IPC offence and the Motor Vehicles Act offence have different ingredients, so both prosecutions are permissible — but the person cannot be 'punished twice for the same offence' if the ingredients turn out to be identical.

### Example 2

Q: A statutory rule requires a notice to be sent by 'registered post acknowledgement due'. The sender sends it by ordinary registered post. He claims protection under Section 27. Is he correct?

A: No. Section 27 applies only when the Act does not specify the mode of post. Here the statute specifically requires RPAD; ordinary registered post is insufficient. The sender cannot claim that notice was duly served under Section 27.

### Example 3

Q: A landlord sends a notice to terminate a tenancy by registered post. The tenant refuses to accept it and the postman makes an endorsement of 'refusal'. The tenant argues he never received the notice. Decide.

A: Under Section 27, when the addressee refuses to accept a registered letter, the notice is deemed served. The endorsement 'refusal' is sufficient to establish service. The tenant cannot escape on this ground.

### Example 4

Q: The Companies Act, 2013 is amended in 2026 to change Section 149. Does this amendment wipe out the rest of the Act?

A: No. By Section 29 of the General Clauses Act, an amendment is treated as a modification or addition; the rest of the Act continues in force.

### Example 5

Q: Parliament is not in session. There is an urgent need to regulate cryptocurrency. What option does the executive have?

A: Under Section 30 read with constitutional provisions, the President may promulgate an Ordinance on the recommendation of the Union Cabinet. It will have the same effect as an Act, but must be approved by Parliament within six weeks of reassembly, failing which it lapses.

⚠️ Common exam mistakes

Treating Section 26/Article 20(2) as an absolute bar on multiple prosecutions — they only bar double punishment for the SAME offence (identical ingredients), not for distinct offences arising from the same act.
Applying Section 27's deemed-service rule when the statute already prescribes a specific mode (e.g., RPAD) — Section 27 is a fallback, not an override.
Believing 'refusal to accept' or 'unclaimed' endorsements defeat service — they actually create a presumption of deemed service unless contrary is proved.
Confusing an Ordinance with a Bill — Ordinances are immediately operative; Bills are only proposals.
Forgetting the 6-week rule (post-Parliament reassembly) for Ordinances and the 6-month rule for holding a Parliament session.
Assuming Section 30 makes Ordinances equivalent to Central Acts in ALL contexts — there are listed exceptions (Section 5, certain clauses of Section 3, and Section 25).

Bare-Act text Sections 25, 26, 27, 28, 29, 30 · The General Clauses Act, 1897 · click to expand

Section 26: Provision as to offences punishable under two or more enactments — 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: Meaning of service by post — Where any Central Act or Regulation made after the commencement of this Act authorises or requires any document to be served by post, whether the expression 'serve' or either of the expressions 'give' or 'send' or any other expression is used, 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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