CrPC Section 484: Repeal and Savings
This section deals with the repeal and savings of previous laws related to criminal procedure.
1. The Code
Section 484 of the Code of Criminal Procedure, 1973 states:
(1) The enactments specified in Schedule VI are hereby repealed to the extent specified in column 3 thereof.
(2) Notwithstanding such repeal –
(a) anything done or any action taken under any enactment so repealed shall be deemed to have been done or taken under the corresponding provision of this Code; and
(b) any appointment, notification, rule, order, bye-law, scheme or other instrument made or issued under any enactment so repealed shall, so far as it is not inconsistent with the provisions of this Code, continue in force until amended, superseded or revoked by a competent authority.
(3) Any proceeding pending under any enactment so repealed shall be continued and disposed of in accordance with the provisions of this Code so far as they are applicable.
2. Explanation
Section 484 essentially states that previous laws related to criminal procedure are repealed (cancelled) with the introduction of the Code of Criminal Procedure, 1973, but certain actions taken under those repealed laws remain valid. It clarifies the transition from old laws to the new code.
- Repeal: The enactments listed in Schedule VI of the CrPC are repealed, meaning they are no longer in force.
- Savings: Actions taken under repealed laws are still valid, and appointments, rules, etc., continue to be effective until amended or revoked.
- Pending Proceedings: Any ongoing legal cases under the repealed laws will continue to be dealt with under the provisions of the CrPC.
3. Illustration
Imagine a case was filed under a law repealed by the CrPC. The case is still ongoing when the new code comes into effect. Under Section 484, the case will continue to be heard under the CrPC provisions, although the original law is no longer in force.
4. Common Questions and Answers
Q: Does this mean all previous laws related to criminal procedure are completely nullified?
A: No, the repealed laws are only nullified to the extent specified in Schedule VI. Certain aspects, like appointments or actions taken under the old laws, remain valid.
Q: How are pending cases handled after the repeal?
A: Cases pending under the repealed law are continued and dealt with using the relevant provisions of the CrPC.
