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No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force

does this neccesarily mean that if there is a later law that has the same definition but a larger punishment. the courts can't impose the act with the smaller punishment ?

edit: Indian law IT act 2000 has this clause

Dale M
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1 Answers1

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what is the meaning and implication of this phrase?

It means that multiple penalties may be applied if the defendant's same act was in violation of multiple laws that were in force when the act took place.

does this neccesarily mean that if there is a later law that has the same definition but a larger punishment. the courts can't impose the act with the smaller punishment ?

A situation where two statutes adopt the same definition does not imply that one statute precludes the other. Both sanctions may be applied unless the subsequent law is intended to amend or replace the prior law.

Iñaki Viggers
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  • if an act that was punishable under this law but also in another law and someone is convicted or punished under this law , would they also be liable for that other law –  Feb 22 '23 at 08:44
  • @IndianLawApplicant "would they also be liable for that other law". Yes, provided that all charges are prosecuted timely. Otherwise, double jeopardy and res judicata would bar charges pursuant to that other law. – Iñaki Viggers Feb 22 '23 at 19:46