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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter XX: Repeal And Savings

Section 358 BNS: Repeal and savings

Corresponding IPC
New provision (no IPC equivalent)
Note
New provision: repeals the IPC and contains savings; the IPC had no equivalent.

Bare Act text

(1) The Indian Penal Code (45 of 1860) is hereby repealed.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(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or

(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or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or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.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 (10 of 1897) with regard to the effect of the repeal.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Sub-section (1) repeals the Indian Penal Code (45 of 1860). Sub-section (2) says the repeal does not affect the previous operation of the repealed Code or anything duly done or suffered under it, any right, privilege, obligation or liability acquired, accrued or incurred under it, any penalty or punishment incurred for offences against it, or any investigation or remedy in respect of such penalty or punishment. Any such proceeding or remedy may be instituted, continued or enforced, and any penalty imposed, as if the Code had not been repealed. Sub-section (3) says anything done or action taken under the repealed Code is deemed done or taken under the corresponding provisions of this Sanhita. Sub-section (4) says the mention of particular matters in sub-section (2) does not affect the general application of section 6 of the General Clauses Act, 1897 on the effect of repeal.

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