Skip to content

CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes

Ravi committed an offence punishable under a Central Act in 2020. In 2024 Parliament repealed that Act by a new Act that contains no contrary intention and no saving clause. Ravi's prosecution had not yet begun. What is the position under Section 6 of the General Clauses Act, 1897?

The prosecution can still be started and punishment imposed as if the repealing Act had never been passed. Section 6 of the General Clauses Act preserves penalties incurred and related proceedings unless the repealing law shows a different intention, so no express saving clause is needed.

  1. AThe prosecution may still be instituted and the penalty imposed as if the repealing Act had not been passedCorrect
  2. BThe offence is wiped out because the repealed Act no longer exists
  3. CThe prosecution is barred but civil liability continues
  4. DThe prosecution can proceed only if the repealing Act expressly saves it

Explanation

Under Section 6, unless a different intention appears, repeal does not affect any penalty or punishment incurred for an offence committed against the repealed enactment, nor any investigation or legal proceeding in respect of it. Such proceedings may be instituted and penalty imposed as if the repealing Act had not been passed. An express saving clause is not required.

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