1. Repealing v. Substitution v. deletion v. ommission.

Earlier all were considered different but practically current law is that their effect is same as per section 6 of general clauses Act, 1897.

Section 6 says new enactment will not affect previous acts, punishments, rights liabilities, revive anything today in new ACT or any oast legal proceedings will not be affected.

Unless there is a "savings Clause", which might become an exception to section 6 which might save some operation.

Simply Section 6 GCA or repealing effect means new Act comes then old will cease to operate but if there is saving as in BNS section 358 then it will continue to operate.

The confusion between these words was that if it was mentioned "repeal" then new law will not affect old law but if ommission then all proceedings under old law stops they cannot be continued by old law they ceases as if there was no law.

2. What if an act (amendment or repealing) is itself repealed then what will happen?

Supreme Court verdict in Jethanand Betab v. State (NCT of Delhi) another seminal early judgment on the issue. In this case, the point of contention was the offence of possession of wireless transmitter, which was added to the Wireless Telegraphy Act, 19336, via the 1949 Amendment7. This Amendment was subsequently repealed in 1952, and the question arose as to whether the possession of wireless transmitter is an offence. Answering in positive, the Court reasoned that the purpose of the repealing Act was to only expurgate the amending Act which had already served its purpose, as its effect had already been incorporated in the original Act.

So amednment brings changes if these amending acts itself repealed they will not automatically repeal the changes made in principle act obviously unless expressly mentioned.

Fibre Boards (P) Ltd. v. CIT, (2015)
Para 27

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NDMA guidelines on crowd Management.

What do you think about grey area of stampede regulations penalisation in India?

How law can prevent it?

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#Question@CurrentLegalGK

Whether the Permission from election commission is required while bringing an ordinance during model code of conduct?

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Difference Between 'Common Intention' (S.34 IPC) & 'Common Object' (S.149 IPC) : Supreme Court Explains With Illustrations
https://www.livelaw.in/supreme-court/difference-between-common-intention-s34-ipc-common-object-s149-ipc-supreme-court-explains-with-illustrations-284335

Important

Must We Care about Proper Promulgations? | Law and Other Things
https://lawandotherthings.com/must-we-care-about-proper-promulgations/

Mortgage Created By Deposit Of Title Deeds Prevails Over Equitable Mortgage Created By Deposit Of Agreement To Sell : Supreme Court
https://www.livelaw.in/supreme-court/mortgage-created-by-deposit-of-title-deeds-prevails-over-equitable-mortgage-created-by-deposit-of-agreement-to-sell-supreme-court-284414

Important
Read the facts as well

You can share your insights related to this case as well, whether in the form of summary or legal opinion, do to develop a crisp understanding of what u have read.

When Second FIR Can Be Registered : Supreme Court Outlines Key Circumstances
https://www.livelaw.in/supreme-court/when-second-fir-can-be-registered-supreme-court-outlines-key-circumstances-284417

When Second FIR is permissible

"1. When the second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which an earlier FIR already stands registered.

2. When the ambit of the two FIRs is different even though they may arise from the same set of circumstances.

3. When investigation and/or other avenues reveal the earlier FIR or set of facts to be part of a larger conspiracy.

4. When investigation and/or persons related to the incident bring to the light hitherto unknown facts or circumstances.

5. Where the incident is separate; offences are similar or different."

STATE OF RAJASTHAN v. SURENDRA SINGH RATHORE 2025

S. 173 BNSS
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The Necessity of Promulgation and Publication for Law Validity: An Analysis of Harla v. The State Of Rajasthan: Supreme Court Of India | CaseMine
https://www.casemine.com/commentary/in/the-necessity-of-promulgation-and-publication-for-law-validity:-an-analysis-of-harla-v.-the-state-of-rajasthan/view#:~:text=The%20absence%20of%20promulgation%20or%20publication%20violates%20the%20principles%20of,retrospectively%20validate%20an%20invalid%20law.

My Answer to this Question is as Follows:

https://t.me/CurrentLegalGK/5036?comment=457471

References Taken
1 https://t.me/CurrentLegalGK/5061
2 https://t.me/CurrentLegalGK/5055
3 Image

Answer is that a Publication is must for a law to be enforceable as it shows the clear indentifiable purpose, you see salman rushdie ban on import notification was not present court and court held:

“In the light of the aforesaid circumstances, we have no other option except to presume that no such notification exists, and therefore, we cannot examine the validity thereof and dispose of the writ petition as infructuous,

An inference may be drawn from this recent judgment that if there is no traces of notification, no law exists.

But still the Question is not purely resolved as one may say government has the law with it and has not published then what consequences to follow?

In Harla v. The State Of Rajasthan 1951 it was held promulgation is must for a law to become enforceable.

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Allahbadia bail condition: SC’s gag order and the question of free speech 🔗
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😉 Two Important issues.

1. Major development might come in future on law on social media:
The SC also sought the assistance of the Attorney General for India in the next hearing to tackle the “vacuum” in the regulation of online content.

2. SC imposed interim conditions while clubbing FIR on of which reads as follows:
The petitioner or his associates shall not air any show on Youtube or any other audio/video visual mode of communication till further orders.

Case: In this scenerio it is pertinent to mention a case Mohammed Zubair versus State of NCT of Delhi & Ors, 2022
A blanket order directing the petitioner to not express his opinion — an opinion that he is rightfully entitled to hold… — would be disproportionate to the purpose of imposing conditions on bail. The imposition of such a condition would tantamount to a gag order against the petitioner. Gag orders have a chilling effect on the freedom of speech,” the court said.


✓Mistakes in this Article
1. There is only ban on video and audio posts and not textual.
2. Though tiny but a mistake as Bail provisions of CrPC explained and not BNSS

Could you explain what is the meaning of the expression?
"Selling Bail"

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