Section 358 BNS: Repeal and savings

Bharatiya Nyaya Sanhita, 2023

Section 358 BNS at a Glance

Section 358 BNS deals with repeal and savings.

Punishment

None prescribed by this section.

Section 358 BNS 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(1) The Indian Penal Code (45 of 1860) is hereby repealed.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(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or
(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or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or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.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.

Source: Section 358, Bharatiya Nyaya Sanhita, 2023

Previous Law (IPC)

Section 358 of the Bharatiya Nyaya Sanhita has no equivalent in the Indian Penal Code. It is a new repeal and savings provision that repeals the Indian Penal Code, 1860 while preserving its previous operation, existing rights, obligations, liabilities, penalties, punishments, investigations, remedies, and proceedings, and keeping section 6 of the General Clauses Act, 1897 applicable.

FAQs on Section 358 BNS

What does Section 358 of the Bharatiya Nyaya Sanhita mean?▼

Section 358 BNS repeals the Indian Penal Code and explains what happens because of that repeal. It says past actions, rights, liabilities, penalties, investigations and proceedings under the old Code are not wiped out just because the new law has come into force.

Under Section 358 BNS, will my old IPC case end automatically after the Bharatiya Nyaya Sanhita started?▼

No, an old IPC case does not end automatically because of Section 358 BNS. The section clearly says proceedings, investigations and remedies relating to offences under the repealed Code may still be started, continued or enforced as if the Indian Penal Code had not been repealed.

Under Section 358 BNS, if an offence happened under the IPC, can punishment still be imposed after repeal?▼

Yes, Section 358 BNS says any penalty or punishment incurred for offences committed against the repealed Code is not affected by the repeal. It also says such penalty may be imposed as if that Code had not been repealed.

Under Section 358 BNS, are actions already taken under the BNS still valid under the new BNS?▼

Yes, Section 358 BNS says anything done or any action taken under the Bharatiya Nyaya Sanhita will be treated as having been done or taken under the corresponding provisions of the Bharatiya Nyaya Sanhita. This is a savings clause meant to preserve the legal effect of earlier steps.

What does Section 358(2) of the Bharatiya Nyaya Sanhita mean if the IPC has been repealed?▼

It means repeal of the IPC does not wipe out what already happened under it. Rights, liabilities, penalties, punishments, investigations and proceedings connected to offences under the old IPC can still continue as if the IPC had not been repealed.

Under Section 358(2) BNS, can an old IPC case still continue after the Bharatiya Nyaya Sanhita came into force?▼

Yes. Section 358(2) says any proceeding, investigation or remedy relating to penalties or punishments under the repealed IPC may be started, continued or enforced as if that Code had not been repealed.

Does Section 358(2) create a new offence or punishment under the BNS?▼

No. This provision is a savings clause, not a new offence section. The text does not prescribe any separate punishment here, and punishment depends on the relevant offence provision involved.

If I am accused or want to complain in an old IPC matter, what does Section 358(2) mean for me?▼

It means the repeal of the IPC by itself is not a defence and does not cancel an old complaint, investigation or liability. The matter can still be pursued or defended under the old law for acts already done, and you should check the specific offence section involved in your case.

What does Section 358(3) of the Bharatiya Nyaya Sanhita mean in simple words?▼

It means acts already done under the old Indian Penal Code are treated as valid under the matching provisions of the Bharatiya Nyaya Sanhita. So, a step taken earlier does not become invalid just because the old law was repealed.

Under Section 358(3) BNS, will my old IPC case automatically end because the Bharatiya Nyaya Sanhita has replaced it?▼

No, the repeal by itself does not wipe out earlier cases, liabilities, penalties, punishments, investigations or proceedings. Section 358 says they can continue and be enforced as if the old Code had not been repealed.

Does Section 358(3) itself give any punishment?▼

No, Section 358(3) is a repeal and savings provision, not a punishment section. It only says that things done under the old Code will be treated as done under the corresponding provisions of this Sanhita.

If I am accused or I want to complain in an old IPC matter, what does Section 358(3) BNS mean for me?▼

It means the earlier action, investigation or proceeding is not automatically cancelled just because the law changed. The matter can continue, and steps already taken under the BNS are treated as valid under the corresponding provisions of the Bharatiya Nyaya Sanhita.

What does Section 358(4) of the BNS mean in simple words?▼

It means the specific points listed in Section 358(2) do not limit the wider legal effect of repeal under section 6 of the General Clauses Act, 1897. In simple terms, repealing the IPC does not wipe out rights, liabilities, penalties, investigations, or proceedings that the law otherwise allows to continue.

Under Section 358(4) BNS, if an offence happened under the old IPC, can the case still continue after the BNS came in?▼

Yes, the text says earlier penalties, punishments, investigations, proceedings, and remedies relating to offences under the repealed IPC can still be instituted, continued, or enforced as if the IPC had not been repealed. Section 358(4) adds that this is also subject to the general rule in section 6 of the General Clauses Act, 1897.

Does Section 358 of the BNS give any punishment by itself?▼

No, this provision is about repeal and savings, not about creating an offence or fixing a punishment. The text does not prescribe any punishment in Section 358 itself.

Under Section 358(4) BNS, what should I do if my old IPC case or complaint is affected by the repeal?▼

You should check which old IPC provision was involved and what stage the matter is at, because Section 358 says earlier rights, liabilities, investigations, and proceedings are not automatically cancelled. If you are accused or making a complaint, keep copies of the FIR, complaint, charge-sheet, and court papers so the corresponding position under the BNS can be identified.

Section 358 BNS: Sub-sections Explained

Section 358(1) BNS: Repeal and savings

▶

Bare Act Text

(1) The Indian Penal Code (45 of 1860) is hereby repealed.

Explained in Simple Words

Section 358 of the Bharatiya Nyaya Sanhita (BNS) repeals the Indian Penal Code, 1860 (IPC) under sub-section (1) and sets out the savings rules for matters from the pre-repeal period. It applies to complaints, investigations, prosecutions, rights, obligations, and liabilities that arose under the IPC before the BNS took effect.

Under sub-section (2), the repeal does not affect the previous operation of the IPC, anything duly done or suffered under it, or any right, privilege, obligation, liability, penalty, or punishment incurred under it. Any investigation, proceeding, or remedy relating to such a penalty or punishment may be instituted, continued, or enforced, and the penalty may be imposed as if the IPC had not been repealed.

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 provisions of the BNS. Sub-section (4) clarifies that listing particular matters in sub-section (2) does not affect the general application of section 6 of the General Clauses Act, 1897. This section prescribes no punishment of its own.

Key Ingredients

The Indian Penal Code, 1860 is repealed
Previous operation of the repealed Code, and rights, privileges, obligations, liabilities, penalties, or punishments incurred under it, remain unaffected
Proceedings, investigations, or remedies in respect of such penalties or punishments may be instituted, continued, or enforced as if the Code had not been repealed
Anything done or any action taken under the repealed Code is deemed to have been done or taken under the corresponding provisions of this Sanhita
Mentioning particular saved matters in sub-section (2) does not prejudice the general application of section 6 of the General Clauses Act, 1897

Punishment

🔒 None prescribed by this section.

💰 None prescribed by this section.

This section repeals the Indian Penal Code and saves prior operations, liabilities, penalties, investigations, and proceedings under it, without prescribing any separate punishment.

Real-World Example

Near Jodhpur, Prakash was accused in 2022 of an offence under the Indian Penal Code, and the police had already started investigation before the new Sanhita came into force. In 2024, Divya argued that the old case must end because the IPC had been repealed. Nisha, the complainant, continued with the matter. This section applies because repeal of the IPC does not wipe out earlier liabilities, investigations, penalties or proceedings. The case can continue and be enforced as if the IPC had not been repealed.

When This Does Not Apply

A person claims this section itself creates a new offence after repeal
A dispute about future conduct with no earlier right, liability, penalty or proceeding under the repealed Code
A matter where nothing was done under the repealed Code and no corresponding provision issue arises
An attempt to use this section to cancel a valid past investigation or proceeding under the repealed Code

Section 358(2) BNS: Repeal and savings

▶

Bare Act Text

(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.

Explained in Simple Words

Section 358(2) of the Bharatiya Nyaya Sanhita (BNS) is a savings clause that prevents the repeal of the Indian Penal Code, 1860 (IPC) from wiping out past legal consequences. It applies to anyone who acquired a right or privilege, incurred an obligation, liability, penalty, or punishment, or faces or pursues an investigation, proceeding, or remedy for an offence committed under the repealed IPC.

Under clauses (a) to (d), the repeal does not affect the previous operation of the IPC, anything duly done or suffered under it, any right, privilege, obligation, or liability acquired or incurred under it, any penalty or punishment incurred for an offence against it, or any investigation or remedy regarding that penalty or punishment.

Under clause (e), any proceeding, investigation, or remedy relating to such a penalty or punishment may still be instituted, continued, or enforced, and the penalty may be imposed as if the IPC had not been repealed. This means even a complaint filed after repeal for an earlier IPC offence can proceed under the old law. This sub-section prescribes no separate punishment of its own.

Key Ingredients

The Indian Penal Code has been repealed
There was a previous operation of the repealed Code, or a right, privilege, obligation, or liability acquired, accrued, or incurred under it
A penalty or punishment was incurred in respect of an offence committed against the repealed Code
There is an investigation, proceeding, or remedy in respect of such penalty or punishment
Such proceeding, investigation, or remedy may be instituted, continued, or enforced, and such penalty imposed, as if the Code had not been repealed

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

This sub-section prescribes no separate punishment, but provides that any penalty or punishment incurred for an offence under the repealed Indian Penal Code may still be imposed and enforced as if that Code had not been repealed.

Real-World Example

Near Vijayawada, Arjun was accused in 2023 of an offence under the Indian Penal Code, and the police investigation had already started before the new Sanhita came into force. After the repeal, Divya argued that the old case must end because the IPC no longer exists. Prakash, the prosecutor, pointed out that the repeal does not affect earlier operation of the IPC, liabilities already incurred, or any investigation and proceeding relating to the old offence. So the investigation and court case can continue, and any penalty may still be imposed as if the IPC had not been repealed.

When This Does Not Apply

A completely new act done only after the repeal, where no right, liability, offence or proceeding arose under the repealed Code
A dispute that does not involve any previous operation of the repealed Code, or any right, obligation, liability, penalty, punishment, investigation, remedy or proceeding under it
A claim based only on future application of the new Sanhita, without any connection to an offence or liability under the repealed Code

Section 358(3) BNS: Repeal and savings

▶

Bare Act Text

(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.

Explained in Simple Words

Section 358(3) of the Bharatiya Nyaya Sanhita (BNS) provides a continuity rule for anything done or any action taken under the Indian Penal Code, 1860 (IPC) before its repeal. It applies to parties, authorities, and courts dealing with earlier acts or actions taken under the repealed IPC where the BNS has a corresponding provision.

The sub-section states that, notwithstanding the repeal of the IPC, anything done or any action taken under the repealed Code shall be deemed to have been done or taken under the corresponding provisions of the BNS. The key phrase is corresponding provisions, which means the rule applies where the new Sanhita contains an equivalent provision covering the subject of the earlier action.

This deeming fiction ensures legal continuity during the transition from the IPC to the BNS so that past steps do not lose their validity or need to be repeated merely because the old statute was repealed. This sub-section is a transitional savings rule and prescribes no punishment.

Key Ingredients

The Indian Penal Code has been repealed
Something was done or an action was taken under the repealed Code
There is a corresponding provision in this Sanhita
That earlier act or action is deemed to have been done or taken under the corresponding provision of this Sanhita

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

This sub-section deems anything done or any action taken under the repealed Indian Penal Code to have been done or taken under the corresponding provisions of the Sanhita, and prescribes no punishment.

Real-World Example

After a complaint near Nashik Road, police had already registered a case under the Indian Penal Code against Tarun before the new Sanhita came into force. Kavita was the complainant and Priya was a witness. Later, during court proceedings, a question arose whether the earlier steps taken under the old Code had become invalid because the Indian Penal Code stood repealed. This section applies because anything already done or any action already taken under the repealed Code is deemed to have been done or taken under the corresponding provisions of the new Sanhita.

When This Does Not Apply

No act or action was previously done under the repealed Indian Penal Code
The matter is about fixing guilt for a separate offence, not about saving an earlier act or action after repeal
There is no corresponding provision in the Sanhita for the earlier act or action relied on
The issue concerns only a fresh event occurring entirely after the new Sanhita came into force

Section 358(4) BNS: Repeal and savings

▶

Bare Act Text

(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.

Explained in Simple Words

Section 358(4) of the Bharatiya Nyaya Sanhita (BNS) clarifies the relationship between the specific savings list in Section 358(2) BNS and the general statutory rule on repeal in section 6 of the General Clauses Act, 1897. It applies whenever a court or party examines the legal effect of repealing the Indian Penal Code, 1860 (IPC).

The sub-section states that 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. In plain terms, nobody can argue that because sub-section (2) lists specific saved items, it narrows or excludes the broader savings protection provided by section 6 of the General Clauses Act, 1897.

This rule prevents technical arguments that an omitted detail in sub-section (2) cuts down the standard legal consequences of a repeal under Indian law. Like the rest of Section 358, this sub-section is a transitional savings provision and prescribes no punishment.

Key Ingredients

The Indian Penal Code has been repealed
Sub-section (2) mentions particular matters saved from the repeal
That mention of particular matters in sub-section (2) does not prejudice or affect the general application of section 6 of the General Clauses Act, 1897
Section 6 of the General Clauses Act, 1897 continues to apply to the effect of the repeal

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

This sub-section preserves the general application of section 6 of the General Clauses Act, 1897 to the repeal of the Indian Penal Code, and prescribes no punishment.

Real-World Example

Near Indore, Harpreet had been prosecuted under the Indian Penal Code for an act committed before the new law came into force. After repeal, Swati argued that a specific consequence of the repeal was not expressly listed in Section 358(2) BNS, so section 6 of the General Clauses Act, 1897 could not apply to save the proceeding. Imran, who was handling records in the court process, pointed out that under Section 358(4) BNS, the mention of particular matters in Section 358(2) does not prejudice or affect the general application of section 6 of the General Clauses Act, 1897 regarding the effect of repeal.

When This Does Not Apply

A fresh offence committed after the Bharatiya Nyaya Sanhita came into force, where the effect of repealing the Indian Penal Code does not arise
An argument that the specific list in Section 358(2) BNS cuts down or excludes the general application of section 6 of the General Clauses Act, 1897
A matter that does not involve the repeal of the Indian Penal Code or the savings rules under Section 358 BNS and section 6 of the General Clauses Act, 1897

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·