Launch offer — 25% off with code LAUNCH-25 See plans →
Microlesson · 5-min read

Effect of Repeal (Section 6 continued)

# Effect of Repeal — Section 6 (Continuation)

When a Central Act or Regulation repeals an earlier enactment, the repeal does NOT automatically wipe out everything that happened under the old law. Unless a contrary intention appears, the repeal shall not:

## What a Repeal Does NOT Affect

#Protected ItemPlain-English Meaning
1Previous operation of the repealed ActAnything already done/suffered under the old Act stays valid
2Rights, privileges, obligations or liabilities acquired, accrued or incurredVested rights/duties continue
3Penalty, forfeiture or punishment incurred for an offence committedOld offenders can still be punished
4Any inquiry, litigation or remedy in respect of such right/privilege/debt/responsibilityPending proceedings may be initiated, continued or insisted upon

## Memory Hook — "4 Survivors of Repeal"

P-R-P-I: Previous operation • Rights accrued • Penalties incurred • Inquiries/litigation pending

## Key Insight

Repeal is prospective in effect on the legal text, but does not undo the past. The new Act takes over from the date of repeal; what happened earlier under the old law remains untouched.

Worked example

### Example 1

Example 1 — Vested Right Survives Repeal

Facts: Mr. A acquired a licence under the (now-repealed) Act X in 2022. In 2024, Act X is repealed and replaced by Act Y, which has stricter eligibility.

Analysis: Under Section 6, A's licence (a right acquired) is not affected by the repeal. He continues to enjoy the licence unless Act Y expressly says otherwise.

### Example 2

Example 2 — Pending Prosecution

Facts: An offence was committed under Section 45 of repealed Act X. Before trial concludes, Act X is repealed.

Analysis: The prosecution may continue. The repeal does not affect any penalty/punishment incurred for an offence committed against the repealed Act.

⚠️ Common exam mistakes

  • Assuming repeal automatically extinguishes all pending cases — it does not; pending litigation continues unless a contrary intention is shown.
  • Confusing 'repeal' with 'amendment' — repeal removes the whole Act/provision; amendment modifies it.
  • Forgetting the 'unless a different intention appears' rider — the new Act can expressly override Section 6.
  • Treating repeal as retrospective — it is prospective; past acts done remain valid.
Bare-Act text Section 6 · The General Clauses Act, 1897 · click to expand
Section 6 — Where any Central Act or Regulation 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.
Now that you've read this — what's next?
Move from understanding → mastery in 3 clicks. Each option below picks up from this lesson's topic.
Start 15-min diagnostic