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Section 358 BNS: Repeal and Savings

Section 358 of the Bharatiya Nyaya Sanhita, 2023 deals with the repeal of the Indian Penal Code, 1860 and protects the legal effect of past acts, accrued rights and liabilities, punishments, investigations and proceedings arising under the repealed Code.

Current legal position: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 358 forms part of the Sanhita that came into force on 1 July 2024. The commencement notification excluded only Section 106(2), not Section 358.
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Text of Section 358 BNS - Repeal and savings

358. (1) The Indian Penal Code is hereby repealed.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(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or

(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or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or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.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.

Meaning and effect of Section 358

Section 358 is a repeal-and-savings provision. It formally repeals the Indian Penal Code, 1860 while preventing the repeal from automatically destroying legal consequences that had already arisen under the IPC. In practical terms, repeal does not erase the legal effect of past conduct, rights, liabilities, punishments, investigations or proceedings that fall within the saving clauses.

The provision also creates continuity between the repealed IPC and corresponding provisions of the BNS. Actions already taken under the IPC are treated, where a corresponding BNS provision exists, as actions taken under the BNS.

Sub-section wise explanation

Section 358(1): Repeal of the Indian Penal Code

Sub-section (1) repeals the Indian Penal Code, 1860. The repeal is subject to the express saving provisions contained in the remaining sub-sections of Section 358 and to the general law governing the effect of repeal.

Section 358(2): Savings despite repeal

Sub-section (2) begins with a non obstante expression and identifies matters that continue to remain legally effective despite repeal. It preserves:

  • the previous operation of the IPC and things duly done or suffered under it;
  • rights, privileges, obligations and liabilities already acquired, accrued or incurred;
  • penalties or punishments incurred for offences committed against the IPC;
  • investigations or remedies concerning such penalties or punishments; and
  • proceedings, investigations and remedies that may be instituted, continued or enforced as if the IPC had not been repealed.

Section 358(3): Continuity of actions already taken

Sub-section (3) provides that anything done or any action taken under the IPC is deemed to have been done or taken under the corresponding provision of the BNS. This deeming clause is intended to preserve continuity where the new Sanhita contains a corresponding provision.

Section 358(4): General Clauses Act continues to apply

Sub-section (4) makes clear that the specific matters listed in Section 358(2) do not limit the wider operation of Section 6 of the General Clauses Act, 1897 in relation to the effect of repeal.

Section 6 of the General Clauses Act, 1897

Section 6 of the General Clauses Act lays down a general rule for the effect of repeal, unless a different intention appears from the repealing law. Broadly, it protects the previous operation of the repealed enactment, accrued rights and liabilities, penalties and punishments, and legal proceedings or remedies connected with them.

Why Section 358(4) matters: Section 358 does not make its own saving clauses exhaustive. It expressly preserves the general application of Section 6 of the General Clauses Act, 1897.

Practical effect on IPC cases and proceedings

Section 358 is designed to avoid a legal vacuum when the IPC is repealed. A proceeding connected with an offence committed under the IPC before its repeal does not become invalid merely because the BNS has come into force. The applicable legal position in a particular case can, however, depend on the date of the alleged offence, the nature of the proceeding, the relevant saving provision and any constitutional or statutory rule that is more beneficial to the accused.

In summary: Section 358 repeals the IPC but saves past legal consequences. It preserves proceedings and liabilities arising under the IPC, provides continuity for actions already taken, and expressly keeps Section 6 of the General Clauses Act applicable.

Related BNS provisions

For the immediately preceding provisions of the Bharatiya Nyaya Sanhita, 2023, see the linked sections in the right-hand panel, including Sections 351 to 357.