Notwithstanding

Meaning

Nothing will withstand the instructions or procedure given in the words following the term “notwithstanding”.

Explanation

In law, the term notwithstanding is used to specify the operation of a law, which may be conflicting or differing in procedure or instruction from any other similar law.

It means that no matter what another piece of legislation says, it will not withstand the force of the law and will have to concede to the law which specifies that no other law will withstand its force.

Examples

THE COMMISSION OF SATI (PREVENTION) ACT, 1987

3. Attempt to commit sati.- Notwithstanding anything contained in the Indian Penal Code (45 of 1860), whoever attempts to commit sati and does any act towards such commission shall be punishable with imprisonment for a term which may extend to one year or with fine or with both: Provided that the Special Court trying an offence under this section shall, before convicting any person, take into consideration the circumstances leading to the commission of the offence, the act committed, the state of mind of the person charge of the offence at the time of the commission of the act and all other relevant factors.

This means that no matter what is contained in the IPC, the punishment for attempting to commit or doing any act towards committing sati will be punishable as per THE COMMISSION OF SATI (PREVENTION) ACT, 1987

THE RIGHT TO INFORMATION ACT, 2005

CHAPTER VI Section 8(2):

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

This means that in spite of anything in the Official Secrets Act 1923 which may conflict with the RTI Act, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

THE INFORMATION TECHNOLOGY ACT, 2000

4. Legal recognition of electronic records.
Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law,
such requirement shall be deemed to have been satisfied if such information or matter
is—
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.

This means that in spite of anything in any other law which may insist on information to be in writing or typewritten or printed, even if it is made in electronic form, it will be deemed to have been satisfied.

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