Legislature while enacting a special law for awarding punishment

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.

PLD 2016 SC 769

Writ Petition No.11067/2016 & Crl. Misc. No.14-Q/2016

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