BNS Section 358: Repeal and Savings

Definition of BNS Section 358

Section 358 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

(1) The Indian Penal Code is hereby repealed.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(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or

(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or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or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.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 ClausesAct,1897 with regard to the effect of the repeal.

Explanation and Illustration of BNS Section 358

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise.

This section is the most unique section as it does not deal with any offence. This section declares that the IPC and its provisions are now repealed. Further, it also clarifies what would be the status of all the previous cases that are still ongoing under the provisions of IPC. It has been divided into four subsections. Let us take a look at each subsection one by one.

Subsection (1) declares that ‘The Indian Penal Code is hereby repealed’. So beginning July 1, 2024, all criminal cases will be charged under the various sections and provisions of the BNS.

Subsection (2) states that while the code it repealed going forward, it clarifies that some of the effects of the IPC will remain unaffected.

(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder

This means that all the actions carried out under the provisions of the IPC so far remain as such and will not be reversed unless specifically stated by any court order.

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or

This means that all rights and privileges granted and all obligations and liabilities sanctioned under the code so far will continue to remain in effect.

(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or

This means that all penalties and punishments sentenced under the previous code will continue to remain in effect until served out to their full.

(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.

These two sections together mean that any investigation or remedy to any crime that began when the IPC was in effect and still remains under process will continue to be carried out and prosecuted under the provisions of the IPC.

Subsection (3) states that any future references to any cases tried under the IPC will be corresponded to by the BNS provision that has replaced that particular section or provision.

Subsection (4) states that over and above everything said in subsection (2), nothing will override or affect the general application of section 6 of the General ClausesAct, 1897. Section 6 of the general clauses act deals with repeals and states that the repeal of any clause of act

does not affect any penalties, forfeitures, or punishments incurred for offenses committed against the repealed enactment.
does not affect any investigations, legal proceedings, or remedies in respect of any of the above.

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