(1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed.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 of 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.
STATE AMENDMENT
Uttar Pradesh
In section 484 of said Code, in sub-section (2), after clause (d), the
following clause shall be inserted and be deemed always to have been inserted,
namely :-
"(e) the provisions of the United Provinces Borstal Act, 1938, the
United Provinces first Offenders’ Probation Act, 1938 and the Uttar Pradesh
Children Act, 1951, shall continue in force in the State of Uttar Pradesh until
altered or repealed or amended by the Competent Legislature or other competent
authority, and accordingly, the provisions of section 360 of this Code shall not
apply to that State, and the provisions of section 361 shall apply with the
substitution of references to the Central Acts named therein by references to
the corresponding Acts in force in that State."
[Vide Uttar Pradesh Act 16 of 1976, s. 10].
Uttar Pradesh
In section 484 of the said Code, in sub-section (2), the clause (a), after
the proviso, the following further proviso shall be inserted, namely :-
"Provided further that the provisions of section 326 of this Code as amended by
the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976 shall apply
also to every trial pending in a Court of Session at the commencement of this
Code and also pending at the commencement of the code of Criminal Procedure
(Uttar Pradesh Amendment) Act, 1983."
[Vide Uttar Pradesh Act 1 of 1984, s. 11].