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Bharatiya Nyaya Sanhita, 2023 Chapter XX · Repeal and Savings
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Bharatiya Nyaya Sanhita, 2023 — Section 358

Repeal and Savings

Section 358 repeals the Indian Penal Code, 1860, and then says what that repeal does not disturb: the Code's previous operation and anything duly done under it, rights, obligations and liabilities already acquired or incurred, penalties and punishments already incurred, and related investigations, proceedings and remedies, which may be continued as if the Code had not been repealed. It also treats anything done under the old Code as done under the corresponding provisions of the Sanhita, and preserves the general application of Section 6 of the General Clauses Act, 1897. It is a non-penal provision: it creates no offence and carries no punishment.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal). Section 358 is classed as No predecessor — the concordance carries a “New Section” marker against it, with no section of the old Indian Penal Code, 1860 opposite it:

BNS sectionIPC, 1860 equivalentCategory
358No predecessorNo predecessor

The concordance table records BNS Section 358 as a “New Section,” so there is no IPC provision against which to compare its wording. Its subject matter is the repeal of the Indian Penal Code itself, together with the savings that go with that repeal.

Quick Reference

Section 358 creates no offence and prescribes no punishment, so it has no entry in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and none in the compounding tables of BNSS Section 359. The at-a-glance facts for this non-penal provision are:

Nature: repeal-and-savings provision — the only section of Chapter XX; non-penal.
What it does: (1) repeals the Indian Penal Code; (2) provides that the repeal does not affect the previous operation of the Code, accrued rights, obligations and liabilities, penalties and punishments incurred, or related investigations, proceedings and remedies; (3) treats anything done or taken under the Code as done or taken under the corresponding provisions of the Sanhita; (4) preserves the general application of Section 6 of the General Clauses Act, 1897.
Commencement: under Section 1(2) of the Sanhita, it comes into force on the date the Central Government appoints by notification in the Official Gazette, and different dates may be appointed for different provisions.

Statutory Text (Verbatim)

(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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

(1) Repeal of the Indian Penal Code

Explanation (Lexovia's Commentary)

Sub-section (1) is a single sentence: “The Indian Penal Code is hereby repealed.” The Code meant is the Indian Penal Code, 1860 — the printed Sanhita gives its Act number, 45 of 1860, beside the sub-section — which is the prior law that the “Corresponding Provision Under Prior Law” table on each section's page compares that section against. The sub-section states the repeal but does not by itself say when it takes effect. Section 1(2) of the Sanhita provides that it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and that different dates may be appointed for different provisions. The date from which the repeal in this sub-section operates therefore depends on the commencement notification, which this page does not reproduce and which the reader should check directly.

Sub-section (1) names only the Indian Penal Code. Section 1(6) of the Sanhita separately provides that nothing in the Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India, or the provisions of any special or local law (Section 2(30) defines “special law” as a law applicable to a particular subject, and Section 2(18) defines “local law” as a law applicable only to a particular part of India). Sub-section (1) states the repeal only. Sub-sections (2), (3) and (4) then deal with the effect of the repeal on earlier matters.

Illustration (Lexovia's Own Example)
Assume, for the purposes of the example, that both this section and the relevant offence provision of the Sanhita are in force on the date in question. Sumitra, a law student, is preparing a complaint about a cheating incident that took place entirely after that date, and asks whether she can still cite the old Indian Penal Code as the source of the offence. Sub-section (1) states that the Indian Penal Code “is hereby repealed,” so the Code is no longer the source of the offence for such new conduct; she should look to the Sanhita's own cheating provision (Section 318), and use the “Corresponding Provision Under Prior Law” table on that page only to translate an old section number into the new one.

(2) What the repeal does not affect

Explanation (Lexovia's Commentary)

Sub-section (2) opens “Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect,” and then lists five things, each joined by “or.” Clause (a): the previous operation of the repealed Code, or anything duly done or suffered under it. Clause (b): any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Code. Clause (c): any penalty or punishment incurred in respect of any offences committed against the repealed Code. Clause (d): any investigation or remedy in respect of any such penalty or punishment. Clause (e): any proceeding, investigation or remedy in respect of any such penalty or punishment “as aforesaid,” followed by the sentence that 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.

On the words of the sub-section, any penalty or punishment incurred in respect of offences committed against the Indian Penal Code is among the things the repeal “shall not affect,” and clause (e) provides that the related proceeding or remedy may be instituted, continued or enforced, and the penalty imposed, as if the Code had not been repealed. Clauses (d) and (e) overlap in their wording — both mention an investigation or remedy in respect of a penalty or punishment — and clause (e) adds the reference to proceedings and the closing “as if that Code had not been repealed” sentence. The sub-section does not itself say which enactment applies to conduct that straddles the commencement date, and this page does not go beyond its words; how it applies to a particular case depends on the facts of the case.

Illustration (Lexovia's Own Example)
Rahul is alleged to have committed, some weeks before the repeal took effect, an offence punishable under the Indian Penal Code, and a case about it is pending when the repeal takes effect. His advocate argues that the case must end because the Code has been repealed. Sub-section (2) is the provision that speaks to that argument. Clause (e) lists, among the things the repeal shall not affect, any proceeding, investigation or remedy in respect of a penalty or punishment, and says such a proceeding may be instituted, continued or enforced, and such a penalty imposed, as if the Code had not been repealed. Clause (c), which refers to a penalty or punishment incurred in respect of offences committed against the repealed Code, is worded on the same subject. Whether a penalty has been “incurred” where no conviction has yet taken place, and how the clauses apply to Rahul's particular case, depends on the facts of the case.

(3) Things done under the old Code treated as done under this Sanhita

Explanation (Lexovia's Commentary)

Sub-section (3) is a deeming provision. It says that, notwithstanding the 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.” The words “anything done or any action taken” are wide, and unlike sub-section (2) they are not confined to a list. The effect is one of continuity: a step that rested on a provision of the Indian Penal Code is treated as resting on the corresponding provision of the Sanhita.

The sub-section does not itself list which provisions of the Sanhita correspond to which provisions of the Code. The official concordance published on the National Crime Records Bureau's Sankalan Portal, on which the “Corresponding Provision Under Prior Law” tables on these pages are based, is a reference table — the concordance itself carries the note “For Reference only.” The mapping between the two enactments is not always one-to-one; those tables distinguish exact, merged, split and substantively changed correspondence, and sections with no predecessor.

Illustration (Lexovia's Own Example)
Before the repeal took effect, an investigating officer recorded that Kiran's alleged conduct amounted to the Indian Penal Code offence of cheating. After the repeal, Kiran's advocate argues that the record is meaningless because the section it cites no longer exists. Sub-section (3) is the provision addressed to that kind of argument: anything done or any action taken under the Code is deemed to have been done or taken under the corresponding provisions of the Sanhita. The sub-section does not list the corresponding provisions, and whether a given step was in truth done or taken “under the said Code” depends on the facts of the case. (Sub-section (2)(d) and (e) also refer to investigations, so the argument may engage them as well.)

(4) Effect of the repeal and the General Clauses Act, 1897

Explanation (Lexovia's Commentary)

Sub-section (4) reads: “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.” It is a direction about how sub-section (2) is to be read. The Sanhita has listed particular matters that the repeal does not affect; sub-section (4) says that listing them is not to be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897 (a separate Act, referred to in the margin of the printed Sanhita as Act 10 of 1897) to the effect of the repeal.

The terms of Section 6 of the General Clauses Act, 1897 are not part of the Sanhita and are not reproduced or described on this page; a reader who needs them should read that section of that Act directly.

Illustration (Lexovia's Own Example)
Nandini's advocate argues that because a particular consequence of the repeal is not among clauses (a) to (e) of sub-section (2), that consequence cannot have been preserved. Sub-section (4) is the provision that speaks to the argument: the mention of particular matters in sub-section (2) is not to 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. So the fact that a matter is not listed in sub-section (2) does not, by itself, settle that it is lost; what Section 6 itself provides is a separate question that this illustration does not answer.
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Related / Cross-Referenced Sections

FAQs

Which law does BNS Section 358 repeal?

The Indian Penal Code, 1860 (Act 45 of 1860). Sub-section (1) states: “The Indian Penal Code is hereby repealed.”

Are offences committed under the IPC before the repeal still punishable?

Sub-section (2) provides that the repeal shall not affect any penalty or punishment incurred in respect of offences committed against the repealed Code, or any proceeding or remedy in respect of it, and clause (e) says such a proceeding may be instituted, continued or enforced, and such a penalty imposed, as if the Code had not been repealed. How this applies to a particular case depends on its facts and on the dates involved.

Is Section 358 an offence, and is it bailable?

No. Section 358 is a non-penal repeal-and-savings provision. It creates no offence and prescribes no punishment, so it has no entry in the First Schedule to the BNSS and no classification as cognizable or bailable.

When did the repeal take effect?

Section 1(2) of the Sanhita provides that it comes into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and that different dates may be appointed for different provisions. This page does not reproduce the commencement notification; please check it directly.

What are the “corresponding provisions” mentioned in sub-section (3)?

The sub-section does not list them. The “Corresponding Provision Under Prior Law” table on each section’s page, based on the official concordance published by the National Crime Records Bureau, shows how each BNS section relates to the IPC; that table is a reference aid, and the concordance itself notes that it is for reference only.

Does Section 358 have an IPC equivalent?

The official concordance lists Section 358 as a “New Section,” with no IPC section opposite it.

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