Skip to content

CA Intermediate · Corporate and Other Laws · Interpretation of Statutes

A Central Act of 2020 is repealed by a 2024 Act, which contains no savings clause. Before repeal, Arjun committed an offence under the 2020 Act, and no proceedings had begun. After repeal, the authority wants to prosecute him under the old Act. Under the General Clauses Act, 1897, unless a different intention appears in the repealing Act, what is the position?

Prosecution may proceed. Under the General Clauses Act, 1897, repeal does not affect any penalty incurred or liability for an offence committed before repeal, and proceedings may be instituted as if the repealing Act had not been passed, unless the repealing Act shows a different intention.

  1. AProsecution is barred because repeal wipes out the old Act as if it never existed
  2. BProsecution is allowed only if the 2024 Act re-enacts the same offence in identical words
  3. CProsecution is barred because no proceedings had begun before repeal
  4. DProsecution may be instituted and punishment imposed as if the repealing Act had not been passedCorrect

Explanation

Section 6 of the General Clauses Act preserves any right, liability, penalty or investigation and legal proceedings in respect of an offence committed before repeal, unless a different intention appears. It does not require proceedings to have started, nor re-enactment. The 'wiped out' view is the common-law position that the Act displaces.

Did you get it right without looking?

One question tells you little. A timed set on Interpretation of Statutes shows your real accuracy, how long you take and where you lose marks.

Practise Interpretation of StatutesFree diagnostic mock

More Interpretation of Statutes questions