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Section 30: Repeal and saving

Prevention of Corruption Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
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Legal Commentary & Landmark Judgments: Section 30

Section 30 of the Prevention of Corruption Act, 1988 repeals the Prevention of Corruption Act, 1947 (Act 2 of 1947) and the Criminal Law Amendment Act, 1952 (Act 46 of 1952), while enacting a comprehensive savings clause. Preserving pending investigations, trials, appointments, notifications, and actions initiated under the repealed enactments, it applies the general saving principles of Section 6 of the General Clauses Act, 1897 to prevent statutory hiatus or procedural invalidation.

  • Repeal of Precursor Anti-Corruption Statutes: Formally repeals the archaic 1947 Act and the 1952 Act, modernizing and consolidating anti-corruption law under the unified 1988 enactment.
  • Continuity of Pending Proceedings: Sub-section (2) provides that anything done or any action taken under the repealed Acts (including warrants, searches, pending trials, and sanction orders) shall be deemed to have been done or taken under the corresponding provisions of the 1988 Act.
  • Operation of Section 6, General Clauses Act, 1897: Preserves substantive liabilities, offenses committed, and investigations ongoing prior to the commencement of the 1988 Act; ensures that corrupt acts committed under the 1947 Act remain punishable under the substantive standards in force at the time of commission.
Key Landmark Precedents:
  • State of Punjab v. Mohar Singh Pratap Singh AIR 1955 SC 84: A Constitution Bench held that when an enactment is repealed and re-enacted with savings provisions, the court must look to the provisions of the new Act to see whether they manifest an intention to destroy the rights or liabilities acquired or incurred under the repealed Act; in the absence of contrary intention, Section 6 General Clauses Act preserves pending investigations and prosecutions.
  • M.C. Gupta v. Central Bureau of Investigation (2012) 8 SCC 669: The Supreme Court held that pending prosecutions and investigations initiated under the 1947 Act are fully protected and continued under Section 30(2) of the 1988 Act; procedural changes in the 1988 Act apply to ongoing trials unless they impair substantive vested rights.
  • Kalpnath Rai v. State (1997) 8 SCC 732: The Supreme Court affirmed that repeal and savings clauses under special penal statutes must be construed to maintain seamless continuity of criminal justice, ensuring that offenders cannot escape prosecution due to legislative restructuring.
Courtroom Practice & Strategic Litigation Guidance:

In legacy anti-corruption prosecutions where offenses were committed under the 1947 Act but tried under the 1988 Act, verify that substantive penal liability is judged under the 1947 Act (to avoid ex post facto law violations under Article 20(1) of the Constitution), while procedural aspects are governed by the 1988 Act. Challenge any retrospective application of enhanced penal sentences introduced in the 1988 or 2018 Acts.

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