In Brief
The Supreme Court examined whether a 1973 notification issued under the Criminal Law Amendment Act, 1932 declaring certain offences cognizable and non-bailable in Goa, Daman and Diu remained valid after the Code of Criminal Procedure, 1898 was repealed and replaced by the Code of Criminal Procedure, 1973. The High Court of Bombay had quashed the notification, reasoning that it had lost effect with the repeal of the 1898 Code. The Supreme Court reversed this, holding that the 1932 Act remained operative and that Section 8 of the General Clauses Act requires references to repealed enactments to be read as references to their re-enacting provisions. The notification thus remains valid and the FIR and charge sheet were revived.
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