BNS Section 358, Repeal and savings: a new provision
Bharatiya Nyaya Sanhita, 2023 · in force from 1 July 2024
BNS 358: Repeal and savings
From 1 July 2024
(1) The Indian Penal Code is hereby repealed.
(2) Notwithstanding the repeal of the Code referred to in sub-section
(1), it shall not affect,—
(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or
(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or
(d) any investigation or remedy in respect of any such penalty, or punishment; or
(e) any proceeding, investigation or remedy in respect of any such penalty or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.
(3) Notwithstanding such repeal, anything done or any action taken under the said Code shall be deemed to have been done or taken under the corresponding provisions of this Sanhita.
(4) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of the repeal.
There is no counterpart in the Indian Penal Code, 1860: both official correspondence tables show this provision as new.
BPR&D: This section is a new addition. The Indian Penal Code, 1860, was enacted by the British Colonisers de novo; therefore, the Repeal and Savings Section was not required at all. Vide sub-section(1) and subsequent Government of India notifications, the IPC will be repealed on 1st July 2024. However, sub-sections (2) to (4) stipulate savings related to the repealed code.
Which one applies
An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.
Read BNS section 358 →Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nyaya Sanhita, 2023 to the Indian Penal Code, 1860, Bureau of Police Research & Development, Ministry of Home Affairs.
- Bharatiya Nyaya Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan).
- The Indian Penal Code, 1860 (Act 45 of 1860), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.