Bharatiya Nyaya Sanhita, 2023
Section 358
Repeal and savings
(1) The Indian Penal Code (45 of 1860) is hereby repealed.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(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or
(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or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or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.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.
Why this exists
This is a standard 'repeal and savings' clause needed whenever an old law is replaced. It ensures a smooth legal transition: cases, investigations, and rights arising under the century-and-a-half-old Indian Penal Code do not simply vanish or become legally void the moment the Bharatiya Nyaya Sanhita, 2023 takes over as India's general criminal code, avoiding chaos in the tens of thousands of pending prosecutions and vested rights across the country.
Common misconceptions
- Myth: Once the IPC was repealed, all pending cases and punishments under it became invalid.
Fact: This section specifically preserves pending investigations, trials, rights, and penalties arising under the old IPC, letting them continue as if the IPC were still in force.