Code of Criminal Procedure Act, 1973
484.Repeal and savings.-
(1) The Code of Criminal Procedure, 1898, (5 of 1898) is hereby
repealed.
(2) Notwithstanding such repeal,-
(a) if, immediately before the date on which
this Code comes into force, there is any appeal, application, trial, inquiry or
investigation pending, then, such appeal, application, trial, inquiry or
investigation shall be disposed of, continued, held or made, as the case may
be, in accordance with the provisions of the Code of Criminal Procedure, 1898,
(5 of 1898) as in force immediately before such commencement, (hereinafter
referred to as the Old Code), as if this Code had not come into force:
Provided that every inquiry under Chapter XVIII
of the Old Code, which is pending at the commencement of this Code, shall be
dealt with and disposed of in accordance with the provisions of this Code;
(b) all notifications published, proclamations
issued, powers conferred, forms, prescribed, local jurisdictions defined,
sentences passed and orders, rules and appointments, not being appointments as
Special Magistrates, made under the Old Code and which are in force immediately
before the commencement of this Code, shall be deemed, respectively, to have
been published, issued, conferred, prescribed, defined, passed or made under
the corresponding provisions of this Code;
(c) any sanction accorded or consent given
under the Old Code in pursuance of which no proceeding was commenced under that
Code, shall be deemed to have been accorded or given under the corresponding
provisions of this Code and proceedings may be commenced under this Code in
pursuance of such sanction or consent;
(d) the provisions of the Old Code shall
continue to apply in relation to every prosecution against a Ruler within the
meaning of article 363 of the Constitution.
(3) Where the period prescribed for an application or other
proceeding under the Old Code had expired on or before the commencement of this
Code, nothing in this Code shall be construed as enabling any such application
to be made or proceeding to be commenced under this Code by reason only of the
fact that a longer period therefor is prescribed by this Code or provisions are
made in this Code for the extension of time.