Mithu Saha vs The Union Of India on 10 February, 2023
8. It goes without saying that "Generalia specialibus non derogant" is
a maxim used for interpretation of statute which means general laws
do not prevail over special law. When two provisions of law one being
a general law and other being a special law governed a matter, in case
of any repugnancy the prior special law cannot be presumed to be
repealed by the later general law unless there is a clear intention to
make a rule of universal application by superseding the earlier special
law is evident from general law, then the later general law will prevail.
When the later general law is repugnancy or inconsistency, the later
special law will prevail over the earlier general law.
It has become settled principle of law that special law will prevail
over and above the general legislation. The P.F.A. Act has extended
certain rights to the accused person under Sections 11 and 13 of the
P.F.A. Act. Launching of a prosecution under Sections 272 and 273 of
the I.P.C., without following the procedure prescribed under this
7
Special Act would amount to depriving an accused of his statutory
right (See Nestle India Ltd. DLF & Anr. vs. State of West Bengal :