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The non obstante clause in Section 7(2) of the Prevention of Black-marketing and Maintenance of…

Section 7(2) declares every offence under s.7(1)(b) cognizable notwithstanding anything in the criminal procedure code (the text names the Code of Criminal Procedure, 1973).…

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The non obstante clause in Section 7(2) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 now operates to override the provisions of the:

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Section 7(2) declares every offence under s.7(1)(b) cognizable notwithstanding anything in the criminal procedure code (the text names the Code of Criminal Procedure, 1973). Because that Code has been repealed and re-enacted by the Bharatiya Nagarik Suraksha Sanhita, 2023 (s.531), the reference is read under s.8 of the General Clauses Act, 1897 as one to the BNSS, whose First Schedule would otherwise classify the offence as non-cognizable. Cognizability is a matter of criminal procedure, so the clause has nothing to override in the Bharatiya Nyaya Sanhita, the Code of Civil Procedure or the Bharatiya Sakshya Adhiniyam.

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