Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 358: Repeal And Savings
(1) The Indian Penal Code is hereby repealed.
(2) Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect—
(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation, or liability acquired, accrued, or incurred under the Code so repealed; or
(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or
(d) any investigation or remedy in respect of any such penalty, or punishment; or
(e) any proceeding, investigation, or remedy in respect of any such penalty or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued, or enforced, and any such penalty may be imposed as if that Code had not been repealed.
(3) Notwithstanding such repeal, anything done or any action taken under the said Code shall be deemed to have been done or taken under the corresponding provisions of this Sanhita.
(4) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897, with regard to the effect of the repeal.
Brief Detail
Section 358 of the Bharatiya Nyaya Sanhita, 2023, deals with the repeal of the Indian Penal Code and savings related to the operations under the repealed Code. It ensures that the repeal does not affect prior acts, rights, obligations, or proceedings initiated under the Indian Penal Code, and any ongoing cases or penalties will continue to be valid under the new Sanhita.
Question & Answers
What does Section 358 of the Bharatiya Nyaya Sanhita repeal?
Section 358 repeals the Indian Penal Code.
Does the repeal of the Indian Penal Code affect ongoing cases?
No, ongoing cases, penalties, or investigations under the Indian Penal Code are not affected by the repeal. They will continue as if the Code had not been repealed.
Will actions taken under the Indian Penal Code still be valid after the repeal?
Yes, actions taken or anything done under the Indian Penal Code will be deemed valid under the corresponding provisions of the Bharatiya Nyaya Sanhita, 2023.
What is the impact of Section 6 of the General Clauses Act, 1897, in this context?
Section 6 of the General Clauses Act, 1897, ensures that the repeal does not affect rights, liabilities, investigations, or proceedings that arose under the repealed law, reinforcing the savings under Section 358.
Example
If a case was initiated under the Indian Penal Code for a crime committed in 2022, the repeal of the Indian Penal Code will not affect the trial or investigation of that case. It will proceed under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023.
Summary
Section 358 of the Bharatiya Nyaya Sanhita, 2023, repeals the Indian Penal Code but preserves the validity of prior actions, rights, and obligations under the old law. It also ensures that ongoing proceedings and penalties continue to be enforced under the new Sanhita without disruption, following the principles of the General Clauses Act, 1897.
