Legislation-
Special law enacted to curb a crime----Scope and
applicability---Category of persons who could be
prosecuted---Legislature while enacting a special law for
awarding punishment for a crime, in its wisdom, may or
may not describe any particular category of persons who
could be prosecuted----Where a special law after making a
particular act an offence also described the category of
persons who could be prosecuted then unless such person
fell within the described category, he could not be
prosecuted---Where the special aw only described the
offence or a set of offences and sought to punish any
person and every person who was found to have
committed the described offence then terms like „anyone‟,
„any person‟ „whoever‟ and „whosoever‟ were used for the
offenders in order to include all offenders without any
distinction---In such a case, the offender may belong to
any class of offenders, he as an accused could be
prosecuted under such law.
Writ Petition No.11067/2016 & Crl. Misc. No.14-Q/2016
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