CA Inter P2 · Chapter 12 · Question 4 of 12
An Act under which a prosecution had already started is repealed by a new Act. The repealing Act shows no different intention. Under section 6 of the General Clauses Act, 1897:
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: A) The pending prosecution may be continued and any penalty imposed as if the repealing Act had not been passed
Explanation
Section 6 provides that, unless a different intention appears, the repeal of an enactment does not affect any investigation, legal proceeding or remedy regarding any right, liability, penalty or punishment incurred under it. Such proceedings may be instituted, continued or enforced as if the repealing Act had not been passed. Repeal also does not revive anything not in force when the repeal takes effect.
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