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Bharatiya Nagarik Suraksha Sanhita

Section 531

Repeal and savings

Quick Answer Reference: Section 531 BNSS

  • Provision: Section 531 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: MISCELLANEOUS
  • Jurisdiction: India
  • Summary: This section repeals the Code of Criminal Procedure, 1973, but allows pending cases to be completed under the old law. It also saves certain actions taken under the old law and allows them to be considered valid under the new law.
Statutory Content

What does Section 531 of BNSS say?

(1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed. (2) Notwithstanding such repeal— (a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force; (b) all notifications published, proclamations issued, powers conferred, forms provided by rules, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the said Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita; (c) any sanction accorded or consent given under the said Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction or consent. (3) Where the period specified for an application or other proceeding under the said Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the extension of time. THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES EXPLANATORY NOTES: (1) In regard to offences under the Bharatiya Nyaya Sanhita, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Bharatiya Nyaya Sanhita, but merely as indication of the substance of the section. (2) In this Schedule, (i) the expression “Magistrate of the first class” and “any Magistrate” does not the word “cognizable” stands for “a police officer may arrest without warrant”; and (iii) the word “non-cognizable” stands for “a police officer shall not arrest without warrant”. include Executive Magistrates; (ii) Punishment I.—OFFENCES UNDER THE BHARATIYA NYAYA SANHITA Bailable or Non- bailable According as offence abetted is bailable or non-bailable. Cognizable or Non-cognizable According as offence abetted is cognizable or non-cognizable. Same as for offence abetted. By what Court triable Court by which offence abetted is triable. Section Offence Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment. Abetment of any offence, if the person abetted does act with different intention from that of abettor. Abetment of any offence, when one act is abetted and a different act is done; subject to the proviso. Abettor when liable to cumulative punishment for act abetted and for act done. Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor. Abetment of any offence, if abettor present when offence is committed. Same as for offence abetted. Same as for offence intended to be abetted. Same as for offence abetted. Same as for offence committed. Same as for offence committed. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. According as offence abetted is bailable or non-bailable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. Court by which offence abetted is triable. Court by which offence abetted is triable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment. If an act which causes harm to be done in consequence of the abetment. Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment. If the abettor or the person abetted be a public servant whose duty it is to prevent the offence. Abetting commission of an offence by the public or by more than

Indian StandardSection 531, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 531 (India)
Court Pleading StandardSection 531 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/531

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose

What does Section 531 of BNSS mean?

Plain English Explanation

This section repeals the Code of Criminal Procedure, 1973, but allows pending cases to be completed under the old law. It also saves certain actions taken under the old law and allows them to be considered valid under the new law.

Practical Interpretation

In practical terms, this section means that if a case was started under the old law, it will be completed under the old law, even if the new law has come into effect. This ensures continuity and avoids confusion.

Core Legal Purpose

The core purpose of this section is to provide a smooth transition from the old law to the new law, ensuring that pending cases are not affected and that actions taken under the old law are not rendered invalid.

Key Legal Elements
  • The Code of Criminal Procedure, 1973, is repealed.
  • Pending cases under the old law will be completed under the old law.
  • Actions taken under the old law will be considered valid under the new law.
  • The new law does not apply to cases where the period for an application or proceeding under the old law had expired before the new law came into effect.
Practical Example

Practical Example of Section 531 BNSS

Rajesh, a police officer, had started an investigation under the old law before the new law came into effect. Under Section 531, the investigation will be completed under the old law, and any actions taken by Rajesh will be considered valid under the new law.

Common Questions (FAQ)

Frequently Asked Questions about Section 531 BNSS

Q: What is the punishment or consequence under Section 531 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it deals with the repeal and savings of the Code of Criminal Procedure, 1973, which applies to all cases.

Q: Is an offence under this section bailable or cognizable?

This section does not classify offences as bailable or cognizable, as it is a procedural provision dealing with the repeal and savings of the old law.

People Also Ask (PAA)

Common Questions about Section 531 BNSS

What is Section 531 of BNSS?

Section 531 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Repeal and savings". In plain terms: This section repeals the Code of Criminal Procedure, 1973, but allows pending cases to be completed under the old law. It also saves certain actions taken under the old law and allows them to be considered valid under the new law.

What is the punishment under Section 531 of BNSS?

Section 531 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 531 of BNSS bailable or non-bailable?

Whether Section 531 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 531 of BNSS?

The essential elements of Section 531 of BNSS are: The Code of Criminal Procedure, 1973, is repealed.; Pending cases under the old law will be completed under the old law.; Actions taken under the old law will be considered valid under the new law..