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Supreme Court of India
Criminal Law

Later Central Law Reducing Punishment Benefits Accused in Pending Cases: Supreme Court on Food Adulteration

Published: · NyayVidhan

The Supreme Court held that the 1976 central amendment to the Prevention of Food Adulteration Act impliedly repealed West Bengal's 1973 amendment, which had made adulteration punishable with life imprisonment, so the High Court's order that pending cases proceed under Section 16A stood, with the reduced punishment (paras 4, 15, 17, 26). "The rule of beneficial construction requires that even ex post facto law of such a type should be applied to mitigate the rigour of the law" (para 22).

Later Central Law Reducing Punishment Benefits Accused in Pending Cases: Supreme Court on Food Adulteration

Judgment Intelligence

Petition Dismissed
T. Barai v. Henry Ah Hoe and Another
Criminal Appeal No. 40 of 1979; reported as AIR 1983 SC 150, (1983) 1 SCC 177 and 1983 SCR (1) 905
Court
Supreme Court of India
Date of Decision
7 December 1982
Bench
Justices A.P. Sen, E.S. Venkataramiah and R.B. Misra
Relevant Acts & Sections
Prevention of Food Adulteration Act, 1954 — Sections 7, 16(1)(a), 16A, 20; Prevention of Food Adulteration (Amendment) Act, 1976; Prevention of Adulteration of Food, Drugs and Cosmetics (West Bengal Amendment) Act, 1973; Bengal General Clauses Act, 1899 — Section 8; General Clauses Act, 1897 — Section 6; Constitution of India — Articles 20(1), 254
Final Outcome

The appeal was dismissed; the Court clarified that nothing said would give the central Amendment Act retrospective operation where it creates new offences or enhances punishment (paras 26, 27).

Key holdings

  1. A later Act of Parliament on the same matter impliedly repeals a repugnant State law under the proviso to Article 254(2), even without express repeal (para 15).
  2. An accused has no vested right to a particular court or procedure, and the prosecutor has no right to the enhanced punishment of a repealed Act (para 17).
  3. Article 20(1) forbids only retroactive laws creating offences or enhancing punishment; a reduced punishment for the same offence must be extended to the accused (paras 22, 26).
  4. A later statute that again describes the same offence with a different punishment or procedure repeals the earlier statute by implication (para 25).

Brief Facts

A Food Inspector of the Calcutta Corporation bought ground white pepper at the respondents' restaurant on 16 August 1975; the analyst found wheat powder instead of rice powder, and a complaint under Section 16(1)(a) read with Section 7 followed (para 3). The West Bengal Amendment Act, 1973, in force then, made the offence punishable with life imprisonment and so triable by a Court of Sessions (paras 1, 4, 9). The central Amendment Act, 1976, effective 1 April 1976, cut the maximum to three years and provided summary trial by a Magistrate under Section 16A (paras 11, 13). The Magistrate held the case triable by Sessions; the High Court reversed (para 4).

Court's Findings

Under Article 254, Parliament may repeal a repugnant State law, even one with Presidential assent, by enacting a law on the same matter; repugnancy arises where both laws prescribe punishment for the same offence but differ in degree, kind or procedure (para 15). The central Amendment Act therefore impliedly repealed the West Bengal amendment from 1 April 1976 (paras 2, 15), as had happened in Zaverbai Amaidas (para 16). Section 6 of the General Clauses Act can apply when repeal is followed by fresh legislation (para 18), but "the prosecutor equally has no right to insist upon that the accused be subjected to an enhanced punishment under the repealed Act" (para 17). Article 20(1) prohibits only retroactive laws creating offences or enhancing punishment; a reduced punishment for the same offence benefits the accused (para 22), as the majority held in the 1964 Probation of Offenders Act case (para 24). A later statute describing the same offence with a different punishment or procedure repeals the earlier one by implication (para 25).

Legal Principle

Where a later law re-enacts the same offence with a reduced punishment or a changed procedure, the accused in a pending case is tried under the new procedure and gets the lesser punishment. Article 20(1) bars only retroactive laws that create offences or increase punishment (paras 17, 22, 25, 26).

Precedents Relied Upon

  1. Zaverbai Amaidas v. The State of Bombay [1955] 1 S.C.R. 799 (citation from the SCR headnote; footnote not printed)
    Applied Discussed at ¶ 16

    A later Central law on the same matter impliedly repeals a repugnant provincial law that had received assent; the Bombay Act enhancing punishment was impliedly repealed by the recast Section 7 of the Essential Supplies Act.

  2. B. Manna and Ors. v. The State of West Bengal 81 C.W.N. 1075 (Calcutta High Court; citation from the SCR headnote)
    Not Followed Discussed at ¶ 4, 19, 20, 21

    Single-Judge view, followed by the Magistrate, that the Central Amendment Act was not retrospective; its reasons were examined and rejected.

  3. In re Hale's Patent L.R. [1920] Ch. 377 (citation from the SCR headnote)
    Distinguished Discussed at ¶ 17

    Relied on by the appellant for the rule that old rights are determined by the old procedure where the repealing Act deals with both; held not applicable.

View all precedents (8)
  1. State of Punjab v. Mohar Singh citation not printed (footnote missing in the JUDIS print)
    Followed Discussed at ¶ 18

    Section 6 of the General Clauses Act applies to a repeal followed by fresh legislation unless the new Act manifests a contrary intention; it does not apply to the expiry of a temporary statute.

  2. [R.] v. The State of Punjab AIR 1965 SC 444 (footnote not printed; identified from the citator in that judgment's JUDIS print)
    Followed Discussed at ¶ 24

    By majority, an appellate court can extend the benefit of the Probation of Offenders Act to an accused convicted before it came into force; the rule of beneficial construction applies to such ex post facto law.

  3. Michell v. Brown [1959] 120 ER 909, 912 (as printed in the SCR headnote)
    Referred To Discussed at ¶ 25

    If a later statute again describes an offence created by a former statute and affixes a different punishment, varying the procedure, the earlier statute is repealed.

  4. Smith v. Benabo [1937] 1 All ER 523 (SCR headnote: "Smit v. Benabo")
    Referred To Discussed at ¶ 25

    Cited ("See also") with Michell v. Brown on implied repeal by a later statute describing the same offence.

  5. Regina v. Youle [1861] 158 ER 311, 315-316 (citation from the SCR headnote)
    Referred To Discussed at ¶ 25

    Where a later Act deals with precisely the same offences and imposes a different punishment, it is substituted for the earlier Act.

NyayVidhan
Court Judgments · 3 min read
Decided: December 7, 1982 Justices A.P. Sen, E.S. Venkataramiah and R.B. Misra
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