Repeal

What is Repeal?

**Repeal** is the process by which a legislature revokes, cancels, or annuls an existing statute or a provision of a statute. When a law is repealed, it ceases to have legal effect from the date of repeal. Repeal may be **total** (the entire statute is abolished) or **partial** (only certain sections or provisions are removed). It is one of the most important legislative powers — as societal needs evolve, outdated or ineffective laws must be replaced.

In simple terms, when Parliament passes a new criminal code (the Bharatiya Nyaya Sanhita, 2023) to replace the Indian Penal Code, 1860, the old IPC is repealed. It no longer applies from the date the new law comes into force.

Legal Framework in India

Section 6 of the General Clauses Act, 1897

**Section 6** is the most important provision governing the effects of repeal. It provides the **savings clause** — a set of protections that preserve certain rights and proceedings despite the repeal of the old law:

Where an Act is repealed, then, unless a different intention appears, the repeal shall not:

1. **Revive** anything not in force or existing at the time of repeal.

2. **Affect the previous operation** of the repealed enactment or anything duly done or suffered under it.

3. **Affect any right, privilege, obligation, or liability** acquired, accrued, or incurred under the repealed enactment.

4. **Affect any penalty, forfeiture, or punishment** incurred in respect of any offence committed against the repealed enactment.

5. **Affect any investigation, legal proceeding, or remedy** in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment.

And any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be imposed **as if the repealing Act had not been passed**.

Article 13(1) of the Constitution

**Article 13(1)** provides a constitutional dimension to repeal. All pre-constitutional laws inconsistent with fundamental rights are void to the extent of the inconsistency. This operates as a constitutional repeal of incompatible provisions.

Article 254 — Repugnancy Between Central and State Laws

When a State law is repugnant to a Central law on a subject in the Concurrent List, the State law is void to the extent of the repugnancy (unless it has received Presidential assent). This is a form of implied repeal by the Central law.

Types of Repeal

1. Express Repeal

The new statute explicitly states that the old law is repealed. Most modern statutes contain a **repeal clause** listing the laws being abolished. For example, Section 395 of the Bharatiya Nyaya Sanhita, 2023 expressly repeals the Indian Penal Code, 1860.

2. Implied Repeal

When a new statute, without expressly repealing an older one, is so inconsistent with the older law that both cannot stand together, the older law is impliedly repealed to the extent of the inconsistency. Courts are reluctant to find implied repeal and will attempt to harmonise the two statutes wherever possible.

The Supreme Court in **Municipal Council, Palai v. T.J. Joseph (1963)** held that implied repeal is not favoured in law, and the two statutes must be irreconcilably inconsistent before the earlier is deemed impliedly repealed.

3. Repeal and Re-enactment

When a new statute repeals an old one and re-enacts its provisions (with or without modifications), the repeal and re-enactment are treated as a **continuous process**. The Supreme Court in **State of Punjab v. Mohar Singh (1955)** held that where a repealing statute simultaneously re-enacts provisions of the repealed law, the re-enacted provisions are considered a continuation of the old law, and pending proceedings are not affected.

4. Temporary Statutes

A temporary statute — one enacted for a limited period — automatically expires at the end of its term. This is not technically a repeal but a **lapse**. The effects are similar, though the savings clause under Section 6 of the General Clauses Act does not automatically apply to lapsed temporary statutes.

When Does Repeal Matter?

Pending Proceedings

One of the most litigated questions is the effect of repeal on **pending cases**. Section 6 of the General Clauses Act preserves the right to continue proceedings commenced under the repealed law. However, if the repealing Act contains a **different intention** — for example, a transitional provision directing that all pending cases be tried under the new law — then the savings clause does not apply.

The Supreme Court in **Kolhapur Canesugar Works Ltd v. Union of India (2000) 2 SCC 536** held that Section 6 applies unless the new enactment expressly or by necessary implication indicates a contrary intention.

Accrued Rights

Rights that have **accrued** under the repealed law — vested rights, entitlements to benefits, liability to punishment — are preserved by Section 6. The repeal does not retroactively take away what a person had already earned or what was already owed.

Criminal Law Transitions

The transition from the IPC, CrPC, and Evidence Act to the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam in 2024 raised numerous questions about the effect of repeal on ongoing trials, pending appeals, and accrued rights. The savings clauses in the new statutes and Section 6 of the General Clauses Act provide the framework for resolution.

Repeal vs Amendment

Repeal abolishes the law entirely or removes specific provisions. **Amendment** modifies the existing law without abolishing it. An amendment may effectively repeal a provision by substituting it with a new one, but the rest of the statute survives. The distinction matters because Section 6 of the General Clauses Act applies to repeal, not to amendment.

Practical Significance

- **Savings clause is the default:** Unless the legislature expressly excludes it, Section 6 of the General Clauses Act automatically applies to every repeal, preserving accrued rights and pending proceedings.

- **Transitional provisions matter:** Modern statutes routinely include detailed transitional provisions specifying how pending cases, existing rights, and ongoing obligations are to be handled. These provisions override Section 6.

- **Legislative intent is decisive:** Courts examine the repealing statute to determine whether the legislature intended to preserve or destroy rights under the old law. Express savings clauses and transitional provisions are the primary evidence of intent.

- **No revival of repealed law:** Section 6(a) clarifies that repeal of a repealing statute does not revive the originally repealed law unless express provision is made. This prevents a chain of repeals from accidentally resurrecting dead legislation.

Frequently Asked Questions

Does repeal of a law affect rights already acquired under it?

No, unless the repealing statute expressly provides otherwise. Section 6 of the General Clauses Act preserves rights, privileges, obligations, and liabilities that have accrued under the repealed law. For example, if a person is entitled to a pension under an old statute, the repeal of that statute does not take away the pension right — it has already vested. However, if the new statute contains a provision overriding Section 6, the legislature's express intention prevails.

What is the difference between repeal and striking down a law as unconstitutional?

Repeal is a **legislative act** — the legislature itself decides to abolish a law. Striking down is a **judicial act** — the court declares a law unconstitutional and void. A repealed law ceases to exist from the date of repeal, and the savings clause preserves accrued rights. A law struck down as unconstitutional is void ab initio (from its inception), though courts may give their judgment prospective effect. Additionally, the legislature can re-enact a repealed law, but a law struck down as unconstitutional cannot be re-enacted in the same form without curing the constitutional defect.

What happens to cases pending in court when the law under which they were filed is repealed?

Under Section 6 of the General Clauses Act, pending investigations, legal proceedings, and remedies survive the repeal and may be continued and enforced as if the repealing Act had not been passed. The case continues under the old law. However, the repealing statute may contain its own transitional provisions directing that pending cases be tried under the new law, or that certain categories of cases be treated differently. Courts must examine the repealing statute carefully to determine the legislative intent.