Section 484 CrPC: Repeal and savings

What Section 484 CrPC Says

484. Repeal and savings

(1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed.

(2) Notwithstanding such repeal—

(a) if, immediately before the date on which this Code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement (hereinafter referred to as the old Code), as if this Code had not come into force:

Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code;

(b) all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the Old Code and which are in force immediately before the commencement of this Code, shall be deemed, respectively, to have been published, issued, conferred, prescribed, defined, passed or made under the corresponding provisions of this Code;

(c) any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Code and proceedings may be commenced under this Code in pursuance of such sanction or consent;

(d) the provisions of the Old Code shall continue to apply in relation to every prosecution against a Ruler within the meaning of article 363 of the Constitution.

(3) Where the period prescribed for an application or other proceeding under the Old Code had expired on or before the commencement of this Code, nothing in this Code shall be construed as enabling any such application to be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefor is prescribed by this Code or provisions are made in this Code for the extension of time.

Source: Section 484, Code of Criminal Procedure, 1973

Section 484 CrPC in Simple Words

When Section 484 CrPC Applies

• Under Section 484(1) CrPC, the Code of Criminal Procedure, 1898 is hereby repealed.
• Section 484(2)(a) CrPC speaks of an appeal, application, trial, inquiry or investigation pending immediately before the date on which this Code comes into force.
• Under Section 484(2)(a) CrPC, that appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898, as if this Code had not come into force.
• The proviso to Section 484(2)(a) CrPC provides that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code.
• Under Section 484(2)(b) CrPC, notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the Old Code and in force immediately before the commencement of this Code, shall be deemed to have been made under the corresponding provisions of this Code.
• Under Section 484(2)(c) CrPC, any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was commenced under that Code shall be deemed to have been accorded or given under the corresponding provisions of this Code.
• Under Section 484(2)(d) CrPC, the provisions of the Old Code shall continue to apply in relation to every prosecution against a Ruler within the meaning of article 363 of the Constitution.
• Section 484(3) CrPC speaks of a period prescribed for an application or other proceeding under the Old Code which had expired on or before the commencement of this Code.

Time Limits Under Section 484 CrPC

• Section 484(2)(a) CrPC speaks of an appeal, application, trial, inquiry or investigation pending immediately before the date on which this Code comes into force.Act text: “if, immediately before the date on which this Code comes into force, there is any appeal, application, trial, inquiry or investigation pending”
• Section 484(3) CrPC speaks of a period prescribed under the Old Code which had expired on or before the commencement of this Code.Act text: “Where the period prescribed for an application or other proceeding under the Old Code had expired on or before the commencement of this Code”

Example of Section 484 CrPC

When Section 484 CrPC Does Not Apply

• Section 484 CrPC speaks of repeal and savings. It does not deal with the saving of inherent powers of the High Court, which Section 482 CrPC speaks of.
• Section 484 CrPC speaks of the pending appeals, applications, trials, inquiries and investigations at the commencement of this Code. It does not deal with the duty of the High Court to exercise continuous superintendence over Courts of Judicial Magistrates, which Section 483 CrPC speaks of.

Section 484 CrPC Under BNSS 531: What Changed

FAQs on Section 484 CrPC