(1) The Indian Penal Code (45 of 1860) is hereby repealed.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(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder;
(b) any right, privilege, obligation, or liability acquired, accrued, or incurred under the Code so repealed;
(c) any penalty or punishment incurred in respect of any offences committed against the Code so repealed;
(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or remedy may be instituted, continued, or enforced, and any such penalty may be imposed as if that Code had not been repealed.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 (10 of 1897) with regard to the effect of the repeal.
Simplified Explanation
This section addresses the repeal of the Indian Penal Code, 1860 (IPC), and ensures that ongoing legal actions, rights, liabilities, and procedures under the IPC remain valid even after its repeal. It provides for a smooth transition to the Bharatiya Nyaya Sanhita (BNS) while protecting past actions and processes.
Key Provisions of Section 358:
1. Repeal of the IPC (Subsection 1):
- The Indian Penal Code, 1860, is officially repealed by this section, meaning it ceases to have effect as the primary criminal law.
2. Savings Clause (Subsection 2):
Despite the repeal of the IPC, certain aspects of its operation remain protected to avoid legal ambiguity or injustice. The repeal will not affect:
- (a) Previous Operations: Actions, events, or outcomes completed under the IPC before its repeal.
- (b) Rights, Privileges, Obligations, or Liabilities: Any rights or duties acquired or liabilities incurred under the IPC will remain enforceable.
- (c) Penalties or Punishments: Penalties or punishments for offenses committed under the IPC prior to its repeal will still be valid.
- (d) Investigations or Remedies: Ongoing investigations or legal remedies for offenses committed under the IPC can proceed as if the IPC were still in effect.
- (e) Proceedings or Enforcement: Any legal proceedings initiated under the IPC (e.g., trials, appeals) or enforcement of penalties can continue under the IPC framework.
3. Continuity under Corresponding Provisions (Subsection 3):
- Actions or proceedings initiated under the IPC will be deemed to have been undertaken under the corresponding provisions of the BNS. This ensures seamless transition and avoids disruptions in ongoing legal processes.
4. Application of Section 6 of the General Clauses Act, 1897 (Subsection 4):
- The mention of specific protections in Subsection (2) does not limit the broader protections under Section 6 of the General Clauses Act, which provides general principles for interpreting repeals.
- For example, repeals do not:
- Undo things already done under the repealed law.
- Affect rights or liabilities that arose under the repealed law.
- This ensures a wide scope of continuity and legal consistency.
Purpose of Section 358:
The primary goal of this section is to ensure that the transition from the IPC to the BNS does not:
- Interrupt ongoing legal proceedings or investigations.
- Undermine rights or liabilities already established under the IPC.
- Create legal uncertainty or gaps in criminal justice enforcement.
It maintains the legal system’s integrity and ensures that actions taken under the IPC remain valid and enforceable.
Illustrations:
- Ongoing Trial for an Offense Committed Before the Repeal:
- A person charged under the IPC for theft in 2023 (before the IPC’s repeal) will continue to be tried under the IPC as if it were still in force.
- Enforcement of Punishment:
- A punishment imposed under the IPC prior to its repeal (e.g., imprisonment for a crime committed in 2022) can still be enforced.
- Right to Remedy:
- A victim of defamation under the IPC retains the right to pursue remedies even after the IPC is repealed.
Importance of Section 6 of the General Clauses Act, 1897:
- Section 6 ensures that the repeal of a law does not:
- Negate prior operations of the repealed law.
- Disrupt rights, obligations, or penalties already established under it.
- Halt ongoing investigations, legal remedies, or proceedings.
- This complements Subsection (2) by providing broader protections.
Conclusion:
Section 358 ensures that the repeal of the IPC is legally smooth and does not affect ongoing or past actions. It bridges the transition to the BNS while preserving the validity of rights, liabilities, and legal processes initiated under the IPC. This continuity is critical for maintaining legal stability and fairness.
