CrPC Section 5: Saving – Code of Criminal Procedure

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CrPC Section 5: Saving – Code of Criminal Procedure

This section ensures the continuity of existing laws and procedures even after the introduction of the Code of Criminal Procedure (CrPC). It saves from repeal the existing laws and procedures that are not expressly repealed by this Code.

Explanation:

Section 5 of the CrPC acts as a saving clause, preventing the repeal of existing laws and procedures unless explicitly mentioned in the Code. It preserves the continuity of the legal system by ensuring that previously applicable laws and procedures remain in effect unless specifically repealed.

Illustration:

Suppose a particular law regarding the procedure for arresting a person was in effect before the CrPC came into force. If this law is not explicitly repealed by the CrPC, it will continue to apply even after the CrPC’s enactment.

Common Questions and Answers:

Q: What happens to laws that are not mentioned in the CrPC?
A: Such laws are not affected by the CrPC and remain in effect.

Q: Can a law be repealed by the CrPC even if it’s not mentioned in the Code?
A: Yes, if the CrPC explicitly states that a particular law is repealed, then that law will cease to exist.

Q: What is the purpose of this saving clause?
A: The purpose is to ensure the smooth transition to the new Code and avoid any disruption in the existing legal framework.

Also Read  IPC Section 205: False Personation in Legal Proceedings
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