Law: Penal Code (XLV of 1860)

Section: 430

Law: Karachi Rent Restriction Act (VIII of 1953)

Section: 11

  (a) Penal Code (XLV of 1860)   S. 430-Negligently omitting to make arrangement for supply of water which accused was bound to make under law-Covered by section-Landlord closing valves of pipes supplying water to tenants-Guilty under S. 430.   Section 430 of the Penal Code, 1860 speaks of an act. An act includes an illegal omission. If a person was bound by law to do an act and he failed to perform it he would be liable in the same way as he would be for a positive act. Where, therefore, if a landlord was bound by law to make arrangement for supply of water for drink and neglected to do so he would be liable under section 430, Penal Code.   (b) Karachi Rent Restriction Act (VIII of 1953)   S. 11-Neither repeals nor bars trial under S. 430, Penal Code-General Clauses Act (X of 1897), S. 26.   The mere fact that an act or series of acts which is declared to be an offence under a statute is an offence already by another statute does not imply that -the first statute is repealed to the extent to which the second statute applies. This is quite clear from section 26 of the General Clauses Act, 1897, according to which for an act or omission which is an offence under more than one provision of law the offender cannot be punished under more than one provision although he can be prosecuted for all. Therefore, the mere existence of section 11 of the Rent Restriction Act will neither have the effect of repealing section 430, Penal Code, nor will it bar a trial under that section.   (c) Interpretation of Statutes-   Statute making act an offence, which act is already an offence under an existing statute-Statutes not inconsistent.   The mere fact that a statute makes the same act an offence which is already an offence by virtue of some law, does not create an inconsistency between the two provisions.   Date of hearing: 10th November 1958.   JUDGMENT   This is a reference by the Ist Additional Sessions Judge Karachi recommending that the proceedings under section 430, P. P. C., against Syed Nazeer Hussain Puri be quashed.   The applicant, Nazeer Hussain Puri, is the owner of Nazir Manzil which is occupied by a…