General and special law

  1. It is well celebrated principle of law that special law shall prevail on the general law. Nanni Sultana v. Tanveer Ahmad & another 2007 SCR 317(C)
  2. Principle of law that special law shall prevail on the general law — S.340 (2) is incorporated in general law (Cr.P.C.) while S. 28 is incorporated in special law (I.P.L.) — Under section 28 it is the discretion of the Court to record the statement of accused on oath, where Court feels that it is necessary — If at all the statement of accused person is not recorded under section 340(2) it will not make any difference. M. Khurshid Khan v. M. Basharat & another 2007 SCR 1 (O)
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