When a Central Act or Regulation repeals an earlier enactment, what happens to acts, rights and liabilities created under the old law? Section 6 answers this — it is one of the most heavily examined provisions of the Act.
## The default rule
Unless a different intention appears in the repealing Act, the repeal shall NOT:
#
Repeal shall NOT affect...
1
Revive anything that was not in force or existing at the time of repeal
2
The previous operation of the repealed enactment, or anything duly done or suffered under it
3
Any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act
4
Any penalty, forfeiture or punishment incurred for any offence under the repealed Act
5
Any investigation, legal proceeding or remedy in respect of such right, privilege, debt, liability, penalty etc. — and any such proceeding/remedy may be instituted, continued or enforced as if the repealing Act had not been passed
## Conceptual notes
### Effect of repeal in principle
Once repealed, an Act is to be considered as if it had never existed. Its object is to wipe the statute from the books — except to the limited extent of the saving in Section 6.
### 'Repeal' vs 'Deletion' — a critical distinction
Concept
Effect
Repeal
Complete obliteration of the provision as if it never existed, subject to Section 6 savings. Affects all rights and causes of action under the repealed provision.
Deletion
Takes effect only from the date of the deleting legislation — does not wipe out the provision from inception. The provision continues to exist for prior periods.
This distinction matters because Section 6 saves rights only on 'repeal', not on every form of legislative excision.
## Illustrations
The Companies Act, 1956 has been repealed. A director appointed under the 1956 Act continues to be validly appointed despite the repeal.
A penalty imposed on a person under the Companies Act, 1956 remains valid and enforceable even after repeal.
Worked example
### Example 1
Q: Mr. A was prosecuted under a Central Act for an offence committed in March 2018. The Act was repealed in 2020. Can the prosecution continue?
A: Yes. Under Section 6(d) and (e), the repeal does not affect any penalty/punishment incurred for an offence committed against the repealed Act, and the legal proceeding may be continued as if the repealing Act had not been passed — unless a different intention is expressed in the repealing Act.
### Example 2
Q: A Director of XYZ Ltd. was appointed in 2010 under the Companies Act, 1956. The 1956 Act was repealed by the Companies Act, 2013. Is the director still validly appointed?
A: Yes. The repeal does not affect anything duly done under the repealed enactment [Section 6(b)]. The earlier appointment remains valid.
### Example 3
Q: The Income-tax Act repeals an old taxing statute under which Mr. B had accrued a tax refund right. Does Mr. B lose the refund?
A: No. The refund right accrued under the repealed Act survives the repeal by virtue of Section 6(c).
⚠️ Common exam mistakes
Assuming repeal automatically wipes out pending prosecutions and accrued rights — Section 6 saves them unless a contrary intention is shown.
Confusing 'repeal' with 'deletion'. Repeal obliterates the provision (with Section 6 savings); deletion only takes effect prospectively.
Forgetting the opening words 'unless a different intention appears'. If the repealing Act explicitly says no proceedings shall continue, Section 6 does not save them.
Believing repeal revives an earlier law that had itself been repealed. Section 6(a) and Section 7 specifically guard against automatic revival.
Bare-Act text Section 6 · The General Clauses Act, 1897 · click to expand
Section 6: Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not — (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.