Trace Your Case

ISSUE:

Whether a preparatory act constitutes an offence under Section 7 of the Official Secrets Act, 1920, relating to offences against the government and the public?

Whether the word "and" in the phrase "and does any act preparatory to" should be interpreted as "or" for the provision to have intelligible meaning?

RULE:

A statute that is capable of two interpretations should be interpreted in a way that avoids absurdity. In cases where the statute has both criminal and penal implications, its interpretation must align with the intent of the legislature, ensuring that the application of the law is reasonable and just.

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