Generalia specialibus non derogant
Latin: General things do not derogate from special things
Also called: Special law prevails over general law, Generalia rule
A rule of interpretation: where a general provision and a special provision deal with the same matter, the special provision prevails and the general one does not override it.
Explained
Generalia specialibus non derogant is a rule of interpretation of statutes. Where there is a conflict between a general provision and a special provision dealing with the same subject, the special provision prevails in its own field, and the general provision applies only to matters outside it. The reasoning is that the legislature, having addressed a particular situation specifically, is presumed not to have meant to disturb that special treatment by general words. The rule applies both to two provisions in the same statute and to two different statutes.
The Supreme Court applied the maxim in J.K. Cotton Spinning and Weaving Mills Co. v. State of Uttar Pradesh (1961) to resolve a conflict between two clauses of the same order, treating the special clause as an exception to the general one. A related point concerns time: a later general law is not ordinarily read as repealing an earlier special law unless an intention to do so is clear, for example from a non obstante clause or necessary implication. This qualifies the separate maxim leges posteriores priores contrarias abrogant, under which a later law repeals an earlier inconsistent one.
The principle is also written into the general procedural codes. Section 5 of the BNSS provides that, in the absence of a specific provision to the contrary, nothing in the Sanhita affects any special or local law, any special jurisdiction or power, or any special form of procedure prescribed by any other law. The Explanation to Section 2(1)(l) of the BNSS adds that where a special Act is inconsistent with the Sanhita on investigation, the special Act prevails. Section 4 of the Code of Civil Procedure, 1908 contains a similar saving, and Section 29(2) of the Limitation Act, 1963 gives effect to periods prescribed by special or local laws.
The rule yields to legislative intention. If the general law contains a clear overriding provision, or both laws are special, the court looks to the purpose of each and to any non obstante clause. Examiners usually test the meaning of the maxim and its contrast with leges posteriores priores contrarias abrogant.
What the law says
Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
Saves special and local laws and special procedures
Earlier law: CRPC 5. Saving.
(1) In this Sanhita, unless the context otherwise requires,—
(a) “audio-video electronic” means shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide;
(b) “bail” means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond;
Explanation to Section 2(1)(l): special Act prevails on investigation
Earlier law: CRPC 2. Definitions.
(1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force.
(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1),
nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land.
Saves special or local laws and special procedures
(1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 (9 of 1872).
(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law.
(3) Save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law.
Gives effect to limitation periods in special or local laws
Example
For example, the BNSS lays down general rules on arrest and investigation, but where a special Act prescribes its own procedure for an offence under it, that special procedure applies, as Section 5 of the BNSS saves it.
For the exam
- Special provision prevails over a general provision on the same subject.
- A later general law does not impliedly repeal an earlier special law.
- Applied in J.K. Cotton Spinning and Weaving Mills v. State of U.P. (1961).
- Reflected in Section 5 BNSS and Section 4 CPC, which save special and local laws.
- Contrast leges posteriores priores contrarias abrogant: later law repeals earlier inconsistent law.
2 questions in the Law Maker question bank use this maxim. Practise Legal Maxims & Jurisprudence questions
Related terms
- Ejusdem generisA rule of interpretation: where general words follow specific words of a distinct class, the general words are read as limited to things of the same class as the specific words.
- Noscitur a sociisA word is known by the company it keeps. The meaning of a doubtful word in a statute may be gathered from the words associated with it.
- Expressio unius est exclusio alteriusA rule of construction: when a statute or document expressly mentions certain things, other things of the same kind not mentioned are presumed to be excluded.
- Ut res magis valeat quam pereatA rule of interpretation: where a provision or document can be read in two ways, the court prefers the reading that gives it effect over one that makes it void, futile or meaningless.
- LawFor Article 13 of the Constitution, law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law in India.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.