STATE TIMES NEWSJAMMU: Right which was accrued/ incurred to an investigating agency for probing the crime which took place prior to enforcement of the Central Act and which was covered by the aforesaid Act remained unaffected on account of Clause (c) of Section 6 of the General Clauses Act, 1897. As per circular issued by Achal Sethi, Secretary, Department of Law, Justice and Parliamentary Affairs, “The government had sought clarification on the effect of repeal of State Acts in such cases where investigating agencies had conducted verification/ inquiries/investigations pertaining to occurrences regarding commission of offences/crimes prior to October 31, 2019. Subsequently, the matter was examined in detail keeping in view the provisions of the General Clauses Act, 1897 and also the case laws on the point”, it stated and added “Sub-clause (c) of section 6 of the General Clauses Act, 1897 provides that if any Central Act repeals any enactment, the repeal shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed.”
“In M.C. Gupta versus Central Bureau of Investigation (2002) 8 SCC 669, the Supreme Court has held that the right of authorities concerned to investigate the crime, institute proceedings and prosecute appellants is saved and not affected by repeal of old Act,” it stated adding that the right which had accrued to the investigating agency to investigate the crime which took place prior to coming into force the Central Act and which was covered by the said Act remained unaffected by the reason of clause (c) of section 6 of the General Clauses Act, 1897.
“The aforesaid legal position is accordingly brought to the notice of all concerned for their information and necessary action,” the order stated.
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