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• Repeal of IPC: The IPC is repealed by the Bharatiya Nyaya Sanhita 2023.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and Proceedings: Any investigation or legal proceedings related to Raj's case will proceed as if the IPC had not been repealed.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• Repeal of IPC: The IPC is repealed by the Bharatiya Nyaya Sanhita 2023.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 compensa...

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