Chapter XX — Repeal and Savings
Introduction (simple & detailed)
When a new criminal law replaces an old one, people naturally worry: what happens to cases started under the old law? What about punishments already given, or rights and duties created before the change? Section 358 of the Bharatiya Nyaya Sanhita answers these questions in clear terms.
In short: Section 358 repeals the old Indian Penal Code (IPC) but saves or protects things that were already done, started or decided under the IPC. It keeps ongoing investigations, prosecutions, rights, liabilities and penalties intact and treats them as continuing under the new law where appropriate.
Why this matters: Without such a saving clause, many ongoing cases could break down, penalties already imposed could be questioned, and people who relied on legal rights could lose protection. Section 358 keeps legal continuity and fairness during the transition from IPC to BNS.
What Section 358 covers — explained simply
- Repeal: The old Indian Penal Code (IPC) is formally repealed — it is no longer the law going forward.
- Savings: But actions, rights, penalties, and proceedings that began under the IPC are not wiped out. They continue to operate.
- Ongoing investigations and prosecutions: Any investigation or court case started under the IPC can continue even after the repeal.
- Penalties already imposed: Punishments already awarded under the IPC remain valid and enforceable.
- Legal continuity: Acts done under the old code are to be treated as if done under the corresponding BNS provision, where there is a match.
- Respect for other laws: The section also works together with the General Clauses Act and other general legal rules so there is no conflict in how repeals are handled.
Practical examples (to make it clearer)
- Ongoing trial: If a trial began under the IPC in 2022, it can continue after BNS replaces the IPC in 2025; the court will complete the trial under the BNS framework as applicable.
- Penalty already given: If a person was sentenced under the IPC before repeal, that sentence is not erased by the new law — it still stands.
- Legal rights: Contracts, claims, or rights created under the IPC that affect people’s legal position remain in place unless the new law explicitly changes them.
Conclusion (simple & detailed)
Section 358 plays the role of a protective bridge between the old criminal code and the new one. It makes sure that replacing the old law does not cause unfairness, confusion, or loss of legal protection for cases and rights that already exist.
By keeping investigations, prosecutions, penalties, and rights intact, the savings clause preserves stability and public confidence in the legal system. In short, changing the law is necessary for reform, but Section 358 ensures this change does not break the rules of justice already in motion.