KembaraXtra - Bharatiya Nyaya Sanhita - Chapter XX: Repeal and Savings (Section 358)

Q1. What does Section 358(1) of the Bharatiya Nyaya Sanhita, 2023 provide?

Answer:

Section 358(1) declares that the Indian Penal Code, 1860 (Act 45 of 1860) is repealed. With the enforcement of the Bharatiya Nyaya Sanhita (BNS), 2023, the IPC ceases to be the principal criminal law, and offences committed thereafter are governed by the BNS.

Example / Application:

A person commits criminal trespass after the BNS comes into force. The offence will be investigated and prosecuted under the Bharatiya Nyaya Sanhita, 2023, rather than the Indian Penal Code, 1860.

Q2. What is the purpose of the "Savings" provision under Section 358(2)?

Answer:

The "Savings" provision ensures that the repeal of the IPC does not invalidate or affect actions, rights, liabilities, punishments, investigations, or legal proceedings that arose under the IPC before it was repealed. It guarantees continuity of justice and avoids legal uncertainty.

Example / Application:

A murder trial that began under the IPC before the BNS came into force will continue to be heard and decided without interruption, despite the repeal of the IPC.

Q3. Does the repeal of the IPC affect its previous operation or anything lawfully done under it?

[Section 358(2)(a)]

Answer:

No. The repeal does not affect the previous operation of the IPC or anything lawfully done or suffered under it. Every action that was legally carried out under the IPC remains valid after its repeal.

Example / Application:

A lawful arrest, search, seizure, or conviction made under the IPC before the commencement of the BNS remains legally valid and enforceable.

Q4. Does the repeal of the IPC affect any rights, privileges, obligations, or liabilities acquired under it?

[Section 358(2)(b)]

Answer:

No. Any right, privilege, obligation, or liability that was acquired, accrued, or incurred under the IPC continues to exist even after the IPC has been repealed.

Example / Application:

A person who committed cheating under the IPC before the BNS came into force remains legally liable for that offence, even if the trial begins after the repeal of the IPC.

Q5. Does the repeal of the IPC cancel penalties or punishments already incurred?

[Section 358(2)(c)]

Answer:

No. Any penalty or punishment incurred for offences committed under the IPC continues to remain valid and enforceable despite the repeal of the Code.

Example / Application:

A person sentenced to seven years' imprisonment under the IPC before the BNS came into force must continue serving the sentence as ordered by the court.

Q6. What happens to investigations or legal remedies relating to offences committed under the IPC?

[Section 358(2)(d)]

Answer:

The repeal of the IPC does not affect any investigation, prosecution, appeal, or other legal remedy relating to penalties or punishments under the IPC. Such proceedings may continue as though the IPC had never been repealed.

Example / Application:

An FIR registered under the IPC before the commencement of the BNS can still be investigated, prosecuted, and decided by the courts under the applicable law.

Q7. Can criminal proceedings initiated under the IPC continue after the IPC has been repealed?

Answer:

Yes. Section 358 expressly protects all ongoing criminal proceedings initiated under the IPC. Courts, investigating agencies, and other authorities may continue handling these matters until they are finally concluded.

Example / Application:

An appeal against an IPC conviction pending before the High Court will continue to be heard and decided even after the IPC has been repealed.

Q8. Why is Section 358 of the Bharatiya Nyaya Sanhita important?

Answer:

Section 358 ensures a smooth legal transition from the Indian Penal Code, 1860 to the Bharatiya Nyaya Sanhita, 2023. It safeguards the validity of past actions, preserves accrued rights and liabilities, and allows ongoing investigations, prosecutions, appeals, and punishments to continue without interruption. This prevents legal confusion and ensures that justice is not affected merely because the criminal law has changed.

Example / Application:

At the time the BNS came into force, thousands of criminal cases were pending under the IPC. Because of Section 358, these cases continue lawfully without requiring the courts to restart proceedings or dismiss existing prosecutions.

Key Takeaway

Section 358 embodies the legal principle that a repeal of a law does not erase the legal consequences of actions already taken under that law. While the Indian Penal Code, 1860 has been repealed, all valid acts, rights, liabilities, punishments, investigations, and court proceedings arising under it continue to remain effective unless otherwise provided by law. This ensures continuity, certainty, and fairness in the administration of criminal justice.