Section 358 BNS – Section 358 of New Bharatiya Nyaya Sanhita

Section 358 BNS – Repeal and Savings

Section 358 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the repeal of the Indian Penal Code (IPC) and the savings clause. The key points are:

1. The Indian Penal Code is hereby repealed by Section 358(1) of the BNS.
2. Notwithstanding the repeal of the IPC, anything done or any action taken or purported to have been done or taken under the repealed Code shall, in so far as it is not inconsistent with the provisions of this Sanhita, be deemed to have been done or taken under the corresponding provisions of this Sanhita.
3. All rules, regulations, notifications, instructions, manuals or other instruments made or issued under the repealed Code and in force immediately before the commencement of this Sanhita shall continue to be in force and have effect as if they were made or issued under the corresponding provisions of this Sanhita until they are repealed, rescinded, amended or notified.
4. Any reference to the repealed Code in any law for the time being in force shall be construed as a reference to the corresponding provisions of this Sanhita.
5. The mention of particular matters in this section 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 repeals.

In summary, Section 358 BNS repeals the Indian Penal Code and provides for the continuity of actions taken under the IPC, existing rules and regulations, and references to the IPC in other laws, under the corresponding provisions of the new Bharatiya Nyaya Sanhita, 2023.

What are the key differences between Section 358 BNS and Section 358 IPC

The key differences between Section 358 of the Bharatiya Nyaya Sanhita (BNS) and the Indian Penal Code (IPC) are:

The key differences between Section 358 of the Bharatiya Nyaya Sanhita (BNS) and the Indian Penal Code (IPC) are:

1. Section 358 BNS repeals the Indian Penal Code in its entirety, while Section 358 IPC does not exist in the old IPC
2. Despite the repeal of the IPC, Section 358 BNS provides a savings clause stating that anything done or action taken under the repealed IPC shall be deemed to have been done or taken under the corresponding provisions of the BNS.
3. The BNS reduces the total number of sections from 511 in the IPC to 358, so the numbering of sections is different between the two.
4. The BNS introduces 21 new offences not present in the IPC, such as hate crimes, mob lynching, organized crime, and economic offences.
5. Section 358 BNS also allows for the continuity of rules, regulations, notifications, etc. made under the repealed IPC until they are repealed, rescinded or amended under the BNS.

In summary, while the IPC is completely repealed by the BNS, Section 358 BNS ensures a smooth transition by providing for the continuity of actions taken under the IPC and its subordinate legislation under the corresponding provisions of the new BNS.