Introduction of 358 BNS
358 BNS plays a pivotal role in India’s criminal law reform. It officially repeals the Indian Penal Code (IPC) of 1860 while safeguarding past actions, rights, liabilities, and penalties under it. This section ensures a seamless transition from the old penal code to the Bharatiya Nyaya Sanhita (BNS) without creating legal gaps or uncertainties. By protecting ongoing proceedings and recognizing past legal actions under the IPC, Section 358 guarantees stability, continuity, and confidence in the justice system during this historic shift.
What is BNS Section 358 ?
BNS Section 358 repeals the IPC of 1860 but preserves the legal validity of actions, liabilities, penalties, and proceedings conducted under the IPC. It ensures that these are transferred to the corresponding provisions of the BNS, maintaining legal continuity and preventing disruption of justice.
BNS 358 in Simple Points
“The Indian Penal Code, 1860, is repealed. However, all rights, liabilities, penalties, and legal proceedings already in force under the IPC shall continue as if they were taken under the Bharatiya Nyaya Sanhita. Section 6 of the General Clauses Act, 1897, applies to ensure continuity and prevent disruption in justice.”
1. Meaning of Repeal and Savings
- Repeal → The Indian Penal Code (IPC), 1860, stands abolished.
- Savings → Even though the IPC is repealed, actions already taken under it remain valid.
- Past convictions or acquittals remain enforceable.
- Pending cases continue without restarting.
- Penalties and rights under the IPC are preserved.
Example: If a person was charged under IPC 420 (cheating) in 2022, the case continues under the corresponding BNS provision (BNS 318), without dismissal.
2. Essential Ingredients
To understand BNS 358, three points are key:
- Repeal of IPC – IPC no longer applies from the date BNS came into effect.
- Savings clause – All prior acts, liabilities, rights, penalties, and proceedings under IPC remain enforceable.
- Application of General Clauses Act, 1897 (Section 6) – Ensures that repeal does not create legal voids or injustice.
3. Punishment
- This section itself does not prescribe any punishment.
- It is a procedural and transitional provision to shift from IPC to BNS smoothly.
4. Nature of the Section
- Not an offense section → It is not about crime and punishment, but about legal continuity.
- Procedural safeguard → Prevents cases from being dismissed or challenged due to IPC repeal.
- Ensures legal certainty → Citizens, courts, and law enforcement face no disruption.
5. Examples of BNS Section 358 in Action
- Example 1 – Pending Trial:
A case filed in 2021 under IPC 376 (rape) is still pending in 2024. Even after IPC’s repeal, the case continues under the equivalent BNS section (BNS 64), without restarting. - Example 2 – Previous Conviction:
A person convicted under IPC 302 (murder) in 2019 continues serving the sentence. The repeal of IPC does not cancel the punishment. - Example 3 – Administrative Orders:
A government order passed under IPC in 2020 remains valid and is treated as if issued under BNS.
6. Importance of Section 358
- Provides legal continuity during India’s transition from IPC to BNS.
- Protects rights and liabilities already created under IPC.
- Ensures pending cases, penalties, and proceedings remain unaffected.
- Prevents accused persons from escaping liability due to technical repeal of IPC.
- Builds public confidence in the justice system by avoiding confusion.
Section 358 BNS Overview
BNS Section 358 deals with the repeal of the Indian Penal Code (IPC) and ensures that all rights, obligations, penalties, and proceedings under the IPC remain valid and are seamlessly transitioned to the Bharatiya Nyaya Sanhita (BNS). It safeguards against any legal void during the transition and ensures that ongoing cases and penalties are enforceable under the new code.
Key Points of BNS Section 358
- Repeal of the Indian Penal Code
Sub-section (1) declares the complete repeal of the IPC, replacing it with the Bharatiya Nyaya Sanhita. This marks a significant transition in the Indian legal framework. It ensures the old laws are discontinued in favor of modernized provisions. - Protection of Previous Actions and Rights
Sub-section (2) safeguards the legal validity of all actions, liabilities, and penalties under the IPC. It ensures that any act committed before the repeal continues to hold legal significance and is subject to the corresponding BNS provisions. - Continuation of Penalties and Proceedings
Any penalty, punishment, investigation, or proceeding initiated under the IPC remains enforceable after its repeal. The law allows these actions to continue as if the IPC had not been repealed, providing continuity in justice. - Recognition of Previous Actions Under BNS
Sub-section (3) states that all actions taken under the IPC are deemed to have been taken under the BNS. This avoids confusion about the applicability of the law to past actions. - General Clauses Act Applicability
Sub-section (4) highlights that Section 6 of the General Clauses Act, 1897, applies. This means that the repeal does not affect rights, liabilities, or penalties unless expressly stated, ensuring a seamless transition between the IPC and BNS. - Preservation of Justice
The section prevents any interruption in justice by safeguarding ongoing proceedings and investigations under the IPC. It maintains the continuity and effectiveness of the legal system. - Harmonized Transition
By aligning previous IPC actions with corresponding BNS provisions, this section harmonizes the old and new laws, ensuring smooth implementation of the BNS. - Clarity for Legal Proceedings
The section clarifies that any remedies or penalties related to the IPC will continue under the BNS, leaving no room for ambiguity during ongoing legal cases. - Focus on Public Confidence
By ensuring legal consistency and protection of past rights and liabilities, this section maintains public trust in the legal system during the transition period. - Legislative Intention
The section reflects the legislative intent to modernize the penal code without disrupting the legal processes established under the IPC, balancing reform with continuity.
Bharatiya Nyaya Sanhita Section 358
| BNS Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| 358 | Repeal of the Indian Penal Code (IPC) and saving provisions to protect past rights, liabilities, and proceedings. | Not Applicable (Repeal Section) | Not Applicable | Not Applicable | Not Applicable |
BNS Section 358 FAQs
What does BNS Section 358 primarily address?
BNS Section 358 focuses on repealing the Indian Penal Code (IPC) of 1860 and ensuring that all prior legal actions, liabilities, and penalties under the IPC are preserved and transitioned to the new Bharatiya Nyaya Sanhita.
Will past cases under the IPC continue after its repeal?
Yes, any investigations, proceedings, or penalties under the IPC will continue as if the IPC had not been repealed, ensuring legal continuity.
Are rights acquired under the IPC still valid?
Yes, rights, privileges, and liabilities accrued under the IPC remain unaffected and are protected under this section.
Does this section apply to all past actions under the IPC?
Yes, all actions, penalties, and proceedings under the IPC are covered and will transition to the BNS seamlessly.
What is the significance of Section 6 of the General Clauses Act in this context?
Section 6 of the General Clauses Act ensures that the repeal of the IPC does not affect existing rights, obligations, or legal actions unless explicitly stated, further reinforcing continuity.
Does this section align old IPC actions with the BNS?
Yes, all actions taken under the IPC are considered as being under the corresponding provisions of the BNS, ensuring alignment and clarity.
Conclusion
BNS Section 358 ensures that India’s transition from the Indian Penal Code to the Bharatiya Nyaya Sanhita is smooth, fair, and transparent. By repealing the IPC while preserving existing rights, liabilities, penalties, and legal proceedings, it eliminates ambiguity and prevents disruption of justice. This section upholds the legislative intent of modernization without undermining the legal value of past actions, thus maintaining continuity and public trust in the criminal justice system.
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