Section 358 of BNS : Section 358: Repeal and savings.

Explanation using Example

Example 1:

Scenario: Raj was charged under the Indian Penal Code (IPC) for theft in 2022. The case is still ongoing when the Bharatiya Nyaya Sanhita 2023 comes into effect.

Application of Section 358:

• Repeal of IPC: The IPC is repealed by the Bharatiya Nyaya Sanhita 2023.
• Previous Operation: Raj's case will continue under the provisions of the IPC as it was before the repeal. The repeal does not affect the ongoing case.
• Penalty and Punishment: If Raj is found guilty, he will be punished according to the IPC, not the new Sanhita.
• Investigation and Proceedings: Any investigation or legal proceedings related to Raj's case will proceed as if the IPC had not been repealed.

Example 2:

Scenario: Priya was awarded a compensation under a provision of the IPC for an injury she suffered due to an assault in 2021. The compensation process is still in progress when the Bharatiya Nyaya Sanhita 2023 is enacted.

Application of Section 358:

• Repeal of IPC: The IPC is repealed by the Bharatiya Nyaya Sanhita 2023.
• Rights and Privileges: Priya's right to compensation, which was acquired under the IPC, remains unaffected by the repeal.
• Proceedings and Remedies: The process to award Priya her compensation will continue under the IPC provisions as if the IPC had not been repealed.
• General Application: The general principles of the General Clauses Act, 1897, ensure that Priya's rights and the ongoing process are protected despite the repeal.

Example 3:

Scenario: An investigation was initiated against a company for fraud under the IPC in 2020. The investigation is still ongoing when the Bharatiya Nyaya Sanhita 2023 is enacted.

Application of Section 358:

• Repeal of IPC: The IPC is repealed by the Bharatiya Nyaya Sanhita 2023.
• Previous Operation: The investigation will continue under the IPC provisions as they were before the repeal.
• Penalties and Punishments: Any penalties or punishments that may be imposed on the company will be according to the IPC.
• Proceedings and Remedies: Legal proceedings and remedies related to the investigation will proceed as if the IPC had not been repealed.
• General Application: The General Clauses Act, 1897, ensures that the investigation and any subsequent actions are not affected by the repeal.

Example 4:

Scenario: A court had issued an arrest warrant under the IPC for an individual accused of embezzlement in 2019. The individual is arrested in 2024, after the Bharatiya Nyaya Sanhita 2023 has come into effect.

Application of Section 358:

• Repeal of IPC: The IPC is repealed by the Bharatiya Nyaya Sanhita 2023.
• Previous Operation: The arrest warrant issued under the IPC remains valid.
• Penalties and Punishments: If the individual is found guilty, the punishment will be according to the IPC.
• Proceedings and Remedies: The legal proceedings will continue under the IPC provisions as if the IPC had not been repealed.
• General Application: The General Clauses Act, 1897, ensures that the arrest warrant and subsequent legal actions are valid despite the repeal.