IPC Section 6
IPC Section 6 – “Repeal of the Indian Penal Code of 1860 and saving of previous offences”
What does Section 6 say?
Section 6 deals with the effect of the repeal of the old Indian Penal Code (IPC) of 1860 and how it protects offences committed before the repeal.
Specifically, it says:
When the new Indian Penal Code (the current IPC) is enacted, the old Penal Code of 1860 is repealed.
But this repeal does not affect:
Any previous punishments or penalties that were given under the old Penal Code.
Any proceedings pending or initiated under the old Penal Code.
Any actions done or omitted in relation to those offences.
In essence, the repeal is not retroactive and does not disturb previous legal actions or decisions under the old law.
Explanation in Detail:
Repeal of Old Law:
The Indian Penal Code of 1860 was the original criminal code for India.
When the IPC was replaced or amended, the old code was repealed by Section 6.
Saving Clause:
Although the old law was repealed, Section 6 acts as a “saving clause”.
This means that the repeal does not nullify any past legal matters.
This ensures continuity of justice and prevents confusion about whether past offences or trials are invalidated by the repeal.
Protection of Previous Punishments and Proceedings:
Any punishment already given under the old law remains valid.
Any trials or cases ongoing before repeal continue to be valid.
Any legal actions or omissions relating to offences before repeal are protected.
Why is Section 6 Important?
To avoid legal chaos or injustice when a law is repealed or replaced.
To make sure past offences and penalties remain enforceable.
To maintain the integrity and continuity of the criminal justice system.
In simpler terms:
When the old IPC was repealed and replaced by a new version, Section 6 says:
“Don’t worry — if you committed an offence under the old law, or were already punished or being tried, that stays valid. The new law does not erase the old cases or punishments.”
Summary:
| Aspect | Details |
|---|---|
| Purpose | To save legal actions under the old Penal Code |
| Effect of repeal | Old IPC repealed but previous punishments/ongoing cases unaffected |
| Nature | Non-retroactive, protective clause |
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