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CHAPTER XX REPEAL AND SAVINGS

Section 358: Repeal and savings

The Bharatiya Nyaya Sanhita, 2023

(1) The Indian Penal Code (45 of 1860) is hereby repealed.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(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or

(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or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or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.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 Clauses Act, 1897 (10 of 1897) with regard to the effect of the repeal.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

358New Section

Questions on this section

6 questions in 7 of our papers cite Section 358. Try these from the free papers:

  1. 1. A commits criminal breach of trust on 15 June 2024. The FIR is registered on 10 August 2024. Under Section 358 of the Bharatiya Nyaya Sanhita, 2023, the substantive offence and punishment for A are governed by

  2. 2. The Bharatiya Nyaya Sanhita, 2023 replaced which earlier law?

Practise questions on Bharatiya Nyaya Sanhita