सं Samvidhan

BNS · Chapter XX

Repeal And Savings — MCQs with answers

5 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.

Q1 · easy · BNS S.358

What is the immediate legal effect stated in Section 358(1) of the Bharatiya Nyaya Sanhita, 2023?

  1. A.It repeals the Indian Penal Code (45 of 1860).✓ correct
  2. B.It amends certain sections of the Indian Penal Code.
  3. C.It temporarily suspends the Indian Penal Code pending replacement.
  4. D.It consolidates the Indian Penal Code into the new Sanhita without repeal.

Why: Section 358(1) expressly states: "The Indian Penal Code (45 of 1860) is hereby repealed." Thus the provision effects a repeal of the IPC. This is an outright repeal rather than an amendment, suspension, or mere consolidation.

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Q2 · easy · BNS S.358

According to Section 358(3), how are actions taken under the repealed Code treated after repeal?

  1. A.They are void and of no effect after repeal.
  2. B.They are deemed to have been done or taken under the corresponding provisions of this Sanhita.✓ correct
  3. C.They require fresh ratification to be valid under the Sanhita.
  4. D.They are treated as done under the General Clauses Act, 1897 only.

Why: Section 358(3) states: "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." Therefore acts under the repealed Code are treated as if done under the Sanhita, not void or needing fresh ratification.

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Q3 · medium · BNS S.358

If a penalty was incurred under the Indian Penal Code before repeal, can that penalty be imposed after repeal?

  1. A.No — penalties lapse on repeal of the Code.
  2. B.Yes — but only if the investigation began before the repeal.
  3. C.Yes — any such penalty may be imposed as if the Code had not been repealed.✓ correct
  4. D.Only if a court first re-frames the offence under the Sanhita.

Why: Section 358(2)(c)-(e) and (2)(e) explicitly preserve "any penalty, or punishment incurred in respect of any offences committed against the Code so repealed" and allow proceedings or remedies to be "instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed." Thus penalties can be imposed post-repeal as if the IPC remained in force.

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Q4 · medium · BNS S.358

Which of the following is NOT explicitly preserved by sub-section (2) of Section 358?

  1. A.The previous operation of the repealed Code.
  2. B.Rights, privileges, obligations or liabilities acquired under the repealed Code.
  3. C.Any investigation or remedy in respect of penalties under the repealed Code.
  4. D.Offences or rights created solely by the new Sanhita after the repeal.✓ correct

Why: Sub-section (2)(a)–(e) preserves prior operation, rights/obligations acquired under the repealed Code, penalties, and investigations/remedies arising thereunder. It does not preserve new offences or rights created solely by the Sanhita after repeal, which are not matters "acquired, accrued or incurred under the Code so repealed."

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Q5 · hard · BNS S.358

What is the effect of the wording in sub-section (4) concerning the particular matters listed in sub-section (2)?

  1. A.It limits the application of section 6 of the General Clauses Act to only those listed matters.
  2. B.It states that mentioning particular matters in sub-section (2) shall not prejudice or affect the general application of section 6 of the General Clauses Act, 1897.✓ correct
  3. C.It repeals section 6 of the General Clauses Act insofar as it would apply to this repeal.
  4. D.It makes the list in sub-section (2) exhaustive and excludes the operation of section 6.

Why: Section 358(4) provides that "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..." Therefore the specific list does not limit or exclude the broader saving operation of section 6 of the General Clauses Act.

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Questions are AI-generated from the legal text, machine-verified against the provision, and editorially reviewable. Education, not legal advice.