Introduction
Section 298 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with Savings.
The provision ensures that certain existing powers, rights, privileges, liabilities and legal proceedings are not adversely affected merely because of the operation of the BNSS.
Object and Purpose
The main purpose of Section 298 is to ensure continuity and protection of existing legal arrangements.
It aims to:
- preserve existing rights and liabilities;
- protect existing legal proceedings;
- prevent the new procedural law from unnecessarily disturbing earlier actions;
- maintain continuity in criminal proceedings; and
- ensure that matters already governed by law continue to be dealt with appropriately.
Meaning of “Savings”
A saving provision generally means that the enactment does not destroy or invalidate certain existing matters merely because a new law comes into force.
In the context of BNSS, Section 298 operates to preserve matters that are intended to continue despite the application of the new procedural framework.
Importance of the Provision
A savings clause is particularly important when one procedural law replaces another.
The BNSS replaced the Code of Criminal Procedure, 1973 as the principal procedural law governing criminal proceedings.
Without appropriate savings provisions, uncertainty could arise regarding:
- proceedings already initiated;
- existing rights and liabilities;
- orders already passed;
- legal remedies; and
- actions taken under the earlier law.
Section 298 helps maintain continuity in such matters.
Effect of the Savings Provision
The provision ensures that matters protected by the savings clause are not treated as invalid merely because the BNSS has come into operation.
This supports:
- continuity of proceedings;
- protection of accrued rights;
- preservation of existing liabilities; and
- orderly transition from the earlier procedural framework to the BNSS.
Relationship With Repeal and Savings
The concept of savings is closely connected with the repeal of the earlier procedural law.
A new enactment may repeal an earlier statute, but a savings provision ensures that repeal does not automatically erase every proceeding, right, liability or action that arose under the earlier law.
Therefore, the repeal of the earlier procedural framework and the preservation of matters covered by the savings provision must be understood together.
Important Distinction
Repeal
Repeal means that the earlier law is formally removed from operation.
Savings
Savings means that specified existing matters are preserved despite the repeal or replacement of the earlier law.
Thus:
- Repeal → Ends the operation of the earlier law
- Savings → Preserves specified existing matters
BNSS and CrPC
Section 298 forms part of the transitional and savings framework of the BNSS and should be read along with the provisions dealing with the repeal and continuation of proceedings.
The purpose is to avoid disruption when moving from the CrPC framework to the BNSS framework.
Common Confusions
Does a savings provision mean that the old law continues completely?
No.
The savings provision preserves only those matters that fall within its scope.
Does repeal automatically invalidate pending proceedings?
No.
The applicable savings provisions determine how existing proceedings and other matters are to be treated.
Why is a savings provision necessary?
It provides legal continuity and certainty during the transition from one statutory framework to another.
Does Section 298 create a new criminal offence?
No.
It is a transitional and protective provision, not a substantive offence-creating provision.
Topic at a Glance
- Topic: Savings
- BNSS Section: Section 298
- Main purpose: Preservation and continuity
- Nature: Transitional/protective provision
- Connected concept: Repeal and savings
- Key effect: Prevents specified existing matters from being adversely affected by the change in procedural law
Quick Revision
- Section 298 BNSS deals with Savings.
- It is intended to preserve specified existing legal matters despite the transition to the BNSS.
- It supports continuity of proceedings, rights and liabilities covered by the savings framework.
- A repeal removes the earlier law, while a saving provision preserves specified existing matters.
- Section 298 is important for ensuring an orderly transition from the earlier criminal procedure framework to the BNSS.
Conclusion
Section 298 BNSS serves the important function of preserving legal continuity during the transition to the new criminal procedural framework. Its savings principle ensures that matters protected by the provision are not unnecessarily disrupted merely because the earlier procedural law has been replaced.
Learn Section 298 BNSS on savings, including its purpose, effect, relationship with repeal, preservation of existing matters and transition from the earlier criminal procedure framework.
