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Introduction of 358 BNS

358 BNS explains the repeal of the Indian Penal Code (IPC) of 1860 and ensures a smooth transition to the Bharatiya Nyaya Sanhita (BNS). While repealing the IPC, this section also provides safeguards to preserve any ongoing actions, rights, liabilities, or penalties established under the IPC. It ensures that all past actions taken under the IPC remain valid and are seamlessly transferred under the corresponding provisions of the BNS. This section prevents legal gaps during the transition to the new code.



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.


Section 358 of BNS ensures a smooth transition from IPC to BNS, preserving legal actions.
BNS Section 358 safeguards ongoing actions and rights during IPC repeal.

BNS 358 in Simple Points

1. Repeal of the Indian Penal Code (IPC)

BNS Section 358 officially repeals the Indian Penal Code (IPC), 1860. This means the IPC is no longer the primary legal framework for criminal law in India. However, the repeal does not affect past actions, decisions, or cases under the IPC. This ensures a smooth transition from the old law to the Bharatiya Nyaya Sanhita (BNS) without creating any legal voids. By repealing the IPC, the government establishes BNS as the updated code for criminal law in India, reflecting modern legal and societal needs.

2. Protection of Previous Operations under IPC

Despite the repeal, BNS Section 358 ensures that all actions taken under the IPC remain valid. For instance, if a person was convicted, acquitted, or penalized under the IPC, these decisions are not affected by the repeal. This protects the legal certainty and outcomes of past cases and ensures fairness to individuals and institutions involved in prior legal proceedings. Any obligations, privileges, or penalties established under the IPC remain enforceable.

3. Continuity of Legal Proceedings

Section 358 allows ongoing investigations, trials, and legal actions initiated under the IPC to continue seamlessly under BNS. It ensures that cases do not need to restart or face delays because of the change in the law. This provision eliminates confusion for courts, law enforcement agencies, and the public by allowing proceedings to be conducted under the corresponding sections of the BNS.

4. Application of Section 6 of the General Clauses Act, 1897

BNS Section 358 explicitly states that the repeal does not override Section 6 of the General Clauses Act, 1897. Section 6 outlines general rules for handling repealed laws and ensures that rights, liabilities, and penalties under the old law remain intact. This clause reinforces the legal continuity between the IPC and BNS and prevents any unintended legal consequences.

5. Ensuring Transition without Legal Gaps

The primary aim of Section 358 is to facilitate a smooth transition from the IPC to BNS without creating legal gaps or uncertainties. It ensures that all penalties, rights, liabilities, and remedies from the IPC are fully transferred to BNS. Even administrative actions and official orders issued under the IPC remain valid. This provides clarity and assurance to citizens, legal professionals, and institutions during the transition phase.


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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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 SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
358Repeal of the IPC and saving provisionsNot Applicable (Repeal Section)Not ApplicableNot ApplicableNot Applicable

BNS Section 358 FAQs

What does BNS Section 358 primarily address?

Will past cases under the IPC continue after its repeal?

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?

What is the significance of Section 6 of the General Clauses Act in this context?

Does this section align old IPC actions with the BNS?


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