BNS Section 358

Section 358 of the Bharatiya Nyaya Sanhita (BNS) deals with the repeal of the Indian Penal Code (IPC) and savings for ongoing legal matters.

(1) The Indian Penal Code is hereby repealed.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(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or
(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or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or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.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.

Section 358, BNS

1.    Purpose of the law

• Section 358 is a provision which was added to the Bharatiya Nyaya Sanhita (“BNS”) to repeal the Indian Penal Code, 1860 (“IPC”), and ensure a smooth and seamless transition to the farmwork under the Bharatiya Nyaya Sanhita 2023.

• Section 358 further preserves and protects the validity of all actions, penalties and/or liabilities which were ongoing under the IPC, thereby providing continuity and clarity.
   

2.    Significance

• Section 358 of the BNS signifies the transition from the IPC to the BNS.

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