Revival of Repealed Enactments & Construction of References (Sections 7 & 8)
# Sections 7 & 8 — Revival and References
## Section 7 — Revival of Repealed Enactments
Rule: To revive a statute that has been repealed, the new enactment must expressly state the purpose to revive it. Mere repeal of the repealing Act does NOT automatically revive the original repealed Act.
### Key Point
Silence ≠ Revival. The legislature must speak clearly.
## Section 8 — Construction of References to Repealed Enactments
Rule: Where an Act is repealed and re-enacted (with or without modification):
Any reference (in any other enactment or instrument) to a provision of the former Act
Shall be construed as a reference to the re-enacted provision
Unless a different intention appears
### Why This Matters
Statute books and contracts are full of cross-references. If every cross-reference broke when an Act was re-enacted, the legal system would collapse. Section 8 auto-redirects old citations to the new corresponding provisions.
## Side-by-Side Comparison
Section
Topic
Key Requirement
7
Reviving dead statutes
Must expressly state the revival
8
Reading old references in new Acts
Auto-redirect to re-enacted provision
Worked example
### Example 1
Example — Section 8 in Action
Facts: A 1990 contract refers to "Section 45 of the Income-tax Act, 1922." That Act was repealed and re-enacted as the Income-tax Act, 1961.
Analysis: Under Section 8, the contract's reference to Section 45 of the 1922 Act is construed as a reference to the corresponding provision in the 1961 Act, unless the contract or the new Act shows a contrary intent.
### Example 2
Example — Section 7 Revival
Facts: Act X (1980) was repealed by Act Y (2000). In 2024, Parliament repeals Act Y.
Analysis: Act X is not automatically revived. Parliament must pass a new enactment expressly stating that Act X is revived.
⚠️ Common exam mistakes
Assuming that repealing a repealing Act revives the original — wrong; Section 7 requires express revival.
Treating Section 8 as automatic in all cases — it operates 'unless a different intention appears.'
Bare-Act text Sections 7 & 8 · The General Clauses Act, 1897 · click to expand
Section 7 — In any Central Act or Regulation made after the commencement of this Act, it shall be necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose.
Section 8 — Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.