GENERAL RULES OF CONSTRUCTION

Section 6: Effect of repeal

Where this Act, or any ¹[Central Act] or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not--

(a) revive anything not in force or existing at the time at which the repeal takes effect; or

(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.

Footnotes in the official text

1.Subs. by the A.O. 1937, for “Act of the Governor-General in Council”.

Leading cases

Pune Municipal Corporation v. Harakchand Misirimal Solanki (2014)Compensation is 'paid' under Section 24(2) of the 2013 Act only if it is offered and, where a Section 31(2) contingency prevents payment, deposited in the reference court; deposit in the government treasury does not count, so the acquisition lapsed.

Questions on this section

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

1. With reference to State of Punjab v. Mohar Singh (1954), consider the following statements: 1. The consequences in Section 6 of the General Clauses Act, 1897 follow even where the repeal of a law is accompanied by a simultaneous re-enactment. 2. The correct inquiry is whether the new enactment has positively kept alive the rights and liabilities under the repealed law. 3. Section 6 of the General Clauses Act has no application to a temporary law that expires by efflux of time, but applies if such a law is repealed before it expires. Which of the statements given above is/are correct?
2. 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

Practise questions on Interpretation of Statutes