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CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897

A Central Act provided that a certain conduct was punishable with imprisonment. The Act was repealed. Before repeal, Kabir committed the offence, and proceedings had not yet begun. The repealing Act contains no savings clause. Which statement is correct under the General Clauses Act, 1897?

Kabir can still be prosecuted and punished. Under the General Clauses Act, 1897, repeal does not affect liability or penalty incurred under the repealed Act, and proceedings may be started after repeal as if the repealing Act had not been passed.

  1. AKabir cannot be prosecuted as the repeal wipes out all liability
  2. BKabir can be prosecuted and punished as if the repealing Act had not been passed, because repeal does not affect liability incurred under the repealed ActCorrect
  3. CKabir can be prosecuted but only with a lower penalty under the new law
  4. DKabir can be prosecuted only if proceedings had already started before repeal

Explanation

Unless a different intention appears, repeal does not affect any right, liability, penalty or punishment incurred under the repealed enactment, nor any investigation or legal proceeding in respect of it, which may be instituted or continued as if the repealing Act had not been passed. Option 4 is wrong because proceedings may be instituted after repeal. Option 3 is wrong as the old penalty applies.

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