CA Intermediate · Corporate and Other Laws · Interpretation of Statutes
A newly enacted Act, passed in 2025, repeals an earlier Act of 2010 and re-enacts some of its provisions. Rohan was prosecuted under the 2010 Act for an offence committed in 2022, and the case is pending. The repealing Act has no contrary intention. Under the General Clauses Act, 1897, what is the effect of the repeal on the pending proceedings?
The proceedings continue. Under the General Clauses Act, 1897, repeal of an enactment does not affect pending investigations or legal proceedings for a liability incurred under it, and they may continue as if the repealing Act had not been passed, unless the new Act shows a contrary intention.
- AThe proceedings abate automatically because the repealed Act ceases to exist
- BThe proceedings continue as if the repealing Act had not been passed, unless a different intention appearsCorrect
- CRohan must be tried afresh under the 2025 Act with the new penalty
- DThe proceedings are stayed until the Central Government issues a notification
Explanation
Under the General Clauses Act, repeal does not affect any investigation, legal proceeding or remedy in respect of any right, liability or penalty incurred under the repealed enactment, and such proceedings may continue as if the repealing Act had not been passed, unless a different intention appears. Option A states the position of repeal at common law, which the Act displaces.
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