Effect of Statutory Repeal under Section 6

Repeal normally removes a law from the statute book, but it does not automatically erase legal consequences that arose while the law was in force. Section 6 of the General Clauses Act, 1897 supplies a general saving rule: unless the repealing law shows a different intention, specified past rights, liabilities and proceedings survive.

What survives repeal

Section 6 preserves the legal effect of completed or accrued matters under the repealed enactment.

• The repeal does not affect the previous operation of the repealed enactment or anything duly done under it.
• It preserves any right, privilege, obligation or liability acquired, accrued or incurred under the repealed law.
• It preserves any penalty, forfeiture or punishment incurred for an offence committed before repeal.

Protection of legal proceedings

An investigation, legal proceeding or remedy concerning a preserved right, liability or penalty may be instituted, continued or enforced as if the repealing Act had not been passed.

• A proceeding already pending on the date of repeal does not ordinarily abate merely because its enabling statute has been repealed.
• Section 6 can also permit a proceeding to be instituted after repeal when it enforces a right or liability that had already accrued or been incurred.
• The repealed enactment remains operative only for resolving such saved matters; it does not continue as the general law for future transactions.

Controlling exception

The saving rule applies only unless a different intention appears from the repealing legislation. Courts therefore examine the language, scheme and necessary effect of the new law to determine whether continuation of the old proceeding would be inconsistent with legislative intent.

• An express saving clause may preserve, modify or exclude the operation of Section 6.
• Mere repeal does not by itself establish an intention to terminate pending proceedings.