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Supreme Court of India 2017-01-10 allowed

Aires Rodrigues vs Vishwajeet P. Rane and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court held that a notification issued in 1973 under Section 10 of the Criminal Law Amendment Act 1932, declaring certain IPC offences cognizable and non-bailable in Goa, Daman and Diu, remains valid and operative despite the repeal of the Code of Criminal Procedure 1898 and its replacement by the 1973 Code. The Court applied Section 8 of the General Clauses Act 1897, which requires that references to repealed enactments in any instrument be read as references to the re-enacted provision. The appeals were allowed, and the impugned orders quashing the FIR and chargesheet were set aside, reviving the criminal proceedings.

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Criminal Procedure Criminal Law Amendment Act 1932 Statutory Interpretation General Clauses Act 1897 Doctrine of Repeal and Re-enactment Notification

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