BNS Section 358 – Repeal and savings
Understanding Bharatiya Nyaya Sanhita (BNS) Section 358: Repeal and Savings
This section explains the transition from the Indian Penal Code (IPC), 1860, to the Bharatiya Nyaya Sanhita (BNS), 2023. Here’s a simple breakdown:
What Does Section 358 Say?
- Repeal of IPC:
- The Indian Penal Code (IPC), 1860, is officially repealed (cancelled).
- Savings Clause:
- Despite the repeal, the following will not be affected:
- Past Actions: Anything done under the IPC (e.g., investigations, trials, punishments) remains valid.
- Rights and Liabilities: Any rights, obligations, or penalties under the IPC will continue as if the IPC still exists.
- Ongoing Cases: Investigations, legal proceedings, or penalties for crimes committed under the IPC will continue under the BNS.
- Despite the repeal, the following will not be affected:
- Continuity:
- Anything done under the IPC will be treated as if it was done under the corresponding provisions of the BNS.
- General Clauses Act, 1897:
- The savings clause in this section does not override the general rules of the General Clauses Act, 1897, which also deals with the effects of repealing laws.
Key Points in Simple Table
| Aspect | Details |
|---|---|
| Repeal of IPC | The IPC, 1860, is officially cancelled. |
| Continuity of Past Actions | All actions, penalties, and liabilities under the IPC remain valid. |
| Ongoing Cases | Cases and investigations under the IPC will continue under the BNS. |
| General Clauses Act, 1897 | The savings clause aligns with the General Clauses Act. |
Why is This Section Important?
- Ensures a smooth transition from the IPC to the BNS.
- Protects the validity of past actions and ongoing cases.
- Prevents legal chaos by maintaining continuity in the justice system.
Conclusion
BNS Section 358 repeals the IPC but ensures that all past actions, ongoing cases, and legal obligations under the IPC remain valid under the BNS. This provision ensures a seamless transition to the new legal framework.
