Section 8 of the general clauses act states that
1[(1)] Where this Act, or any 2[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any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.
3[(2) 4[Where before the fifteenth day of August, 1947, any Act of Parliament of the United Kingdom repealed and re-enacted], with or without modification, any provision of a former enactment, then reference in any 2[Central Act] or in any Regulation or instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.]
For example prevention of corruption act 1988 repeals the prevention of corruption act 1947 and criminal law amendment act 1952 as well as section 161 to 165A of Indian penal code (the offences related to corruption which have been adapted until prevention of corruption act)
does this mean that other laws referring to these repealed laws would be construed as a reference to the similar provisions of prevention of corruption act 1988 ? such as crpc section 39(iii)
The 1988 act also contains the following
(1) The Prevention of Corruption Act, 1947 (2 of 1947) and the Criminal Law Amendment Act, 1952 (46 of 1952) are hereby repealed.
(2) Notwithstanding such repeal, but without prejudice to the application of section 6 of the General Clauses Act, 1897 (10 of 1897), anything done or any action taken or purported to have been done or taken under or in pursuance of the Acts so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under or in pursuance of the corresponding provision of this Act.
does this mean any act currently done in pursuance of that older repealed act would not be void as long as it is consistent with the current act ?
edit;; criminal law amendment act also has those provisions
The Criminal Law (Amendment) Ordinance, 2013 is here by repealed.
Notwithstanding such repeal, anything done or any action taken under the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of those Acts, as amended by this Act.