Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.
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Law not affected by the Code:
ADVERTISEMENTS:
Nothing in the Code shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law (Section 5).
The section in saving particular laws and Acts operates as a proviso to the general rule embodied in Section 2 of the Code, laying down that every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof of which he shall be guilty within India.
The Code was intended to be a general one (Vide Section 2). It was not thought desirable to make it exhaustive. This is based on the well-known principle of law that ‘a special law overrides the general law.