Section 358 BNS: Repeal of Indian Penal Code, 1860 and Saving Provisions (Repeal of IPC 1860)

Section 358 of Bharatiya Nyaya Sanhita: Repeal of Indian Penal Code, 1860 and Saving Provisions

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Indian Penal Code is herebyrepealed.

(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(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or

(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or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) anyinvestigation or remedyin respect of anysuch penalty, or punishment; or

(e) anyproceeding, 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or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.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 ofparticular matters in sub-section (2) shall not be held toprejudice or affect the general application of section 6 ofthe General ClausesAct,1897 with regard tothe effect of the repeal. ————— DIWAKAR SINGH, Joint Secretary & Legislative Counsel to the Govt. of India. BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

Legal Commentary & Landmark Judgments: Section 358

Section 358 of the Bharatiya Nyaya Sanhita, 2023 expressly repeals the Indian Penal Code, 1860, while enacting robust saving provisions protecting ongoing investigations, pending trials, past liabilities, and pre-existing rights.

Express Repeal of IPC: Repeals the Indian Penal Code, 1860 (Act No. 45 of 1860).
Saving Clause: Preserves the previous operation of the IPC, any right, privilege, obligation, or liability acquired, accrued, or incurred thereunder.
Continuity of Trials: Any investigation, legal proceeding, or remedy in respect of offences committed prior to the commencement of the BNS shall continue and be enforced as if the BNS had not come into force.

Key Landmark Precedents:

State of Punjab v. Mohar Singh AIR 1955 SC 84: The 5-Judge Constitution Bench established that when an Act is repealed and re-enacted, the courts must look to the provisions of the new Act to see whether they indicate a contrary intention; in the absence of contrary intention, Section 6 of the General Clauses Act preserves pending prosecutions and liabilities.
Neena Aneja v. Jai Prakash Associates Ltd. (2022) 2 SCC 161: The Supreme Court clarified that while substantive offences committed prior to the enactment of a new statute are governed by the law in force at the time of the offence (Article 20(1)), procedural mechanisms are governed by the new procedural code unless expressly saved.
Hitendra Vishnu Thakur v. State of Maharashtra (1994) 4 SCC 602: Affirmed that procedural statutes apply to pending proceedings from the date of enactment, whereas substantive penal provisions cannot be applied retroactively to the detriment of an accused.

Courtroom Practice & Strategic Litigation Guidance:

Crucial constitutional principle: Under Article 20(1) of the Constitution and Section 358 BNS, an act committed before July 1, 2024 must be charged and tried under the provisions of the Indian Penal Code, 1860. The BNS substantive provisions apply strictly to acts committed on or after July 1, 2024.

Section 358: Repeal of Indian Penal Code, 1860 and Saving Provisions

Section 358 of Bharatiya Nyaya Sanhita: Repeal of Indian Penal Code, 1860 and Saving Provisions

Legal Commentary & Landmark Judgments: Section 358