358
358
Repeal and savings
Bharatiya Nyaya Sanhita, 2023
Chapter XX Repeal and Savings
⚖️
Reviewed by Advocate Aditi Babbar · Practicing since 3 yearsRepealSavingsProceduralInfo
🗣️ Simple Explanation
What does this law say?
Section 358 of the BNS is about repealing the old Indian Penal Code (IPC) and saving certain things. It means the old IPC is replaced by the BNS. However, actions taken under the old IPC remain valid.
Why does this law exist?
It formally replaces the old laws with the new ones. It ensures a smooth transition and avoids legal confusion.
Real-life impact
This section ensures that past legal actions under the IPC are still valid. It prevents cases from being dismissed due to the change in law.
What happens if you break this law?
This section itself doesn't define a crime or punishment. It is a procedural section. This section does not replace any specific section of the IPC.
💡 Real Life Example
A person was convicted under the IPC before the BNS came into effect. Legal consequence: The conviction remains valid under the BNS.
A case was ongoing under the IPC when the BNS was introduced. Legal consequence: The case continues under the BNS, using the corresponding sections.
🛡️ KNOW YOUR RIGHTS
- •Understand that past legal actions remain valid.
- •Know that ongoing cases will continue under the new law.
- •Seek legal advice if you are unsure about the impact of the change.
- •Be aware of the new laws and their implications.
- •Consult a lawyer to understand your rights.
❓ FREQUENTLY ASKED QUESTIONS
Section 358 of BNS repeals the old Indian Penal Code (IPC). It means the IPC is no longer the main criminal law. However, it also ensures that things done under the old IPC remain valid. This includes past actions, rights, and ongoing legal cases. It helps make the change from the old law to the new law smooth.
No, Section 358 itself does not change any punishments. It is a procedural section that deals with the transition from the old IPC to the new BNS. The punishments for crimes are defined in other sections of the BNS.
Cases that were ongoing under the IPC when the BNS came into effect will continue under the BNS. The new law will apply, but the legal process will continue as if the old law was still in place. This ensures that justice is served without starting cases all over again.
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Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, with 3 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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