Interpretation of Statutes

Concept of Expiry and Repeal of statute

1. Expiry and Repeal Of
Statute
By Krupa Gandhi

2. INTRODUCTION
•Meaning–Statute is a written law passed by a
legislative body. It commands, declares or prohibits
something.
•It isawillofthelegislature which includes all the acts
passed by the provincial legislation.
•Astatute is a formal written enactment of a legislative
authority which governs a state/ country.
•Statutesareclassifiedw.r.titsduration,methodology
andobject.

3. TYPES OF STATUTES
Temporary Statute
Penal Statute
Codifying Statute
Remedial Statute
Declaratory Statute
Fiscal Statute

4. EXPIRY OF STATUTE
•Section 6 of the General Clauses act applies to the repeal of
statute or a part of statute that is expired.
•Any temporary Statute expires after a specified time unless
its duration is extended by a new enactment.
•A Statute can also be enacted expressly saying that the
expired Act is herewith revived.
•A statute is temporary when its duration is only for specified
time and such Statute expires on expiry of the specified time
unless it is repealed earlier.
•After expiry of the temporary Statute it cannot be made
effective. The only remedy available is to revive the expired
Statute and by enacting a Statute in similar terms.

5. CONTD…
•Proceedings under an expired statute –Any person can
not be convicted for an offense against any actafteritis
expired
•Notificationsmadeundertemporarystatutes –If the
temporary act is expired, all the provisions, orders,
notifications of the act will also discontinue
•Expiryofastatutedoesnotmeanthatallthepurposesof
suchstatuteis concluded
•Evenifthestatuteisexpired, the character of the act is
used to determine whether the said obligation under the
act is enduring or not

6. REPEAL OF STATUTE
•Meaning –Repeal of statute means the abolition of law
•It issaidthat,onceastatuteisrepealed,itisconsidered
asvoidandit does not possesses any effects from the
moment it was repealed.
•AccordingtoBlack’slawdictionary, repeal means “a
legislative act which abrogates an existing nature.”
•Powerofrepealinga statute lieswiththelegislature
•BothStateandUnionenjoysthepowertorepealany
statute.However,thispowercannot be delegated.

7. CONTD…
•A statute can be repealed by two kinds,
1.Express repeal –The term express repeal suggests the
abolition of a previously enacted statute by a newly enacted
provisions of a statute. Whenanystatute/ provision of a
statute is repealed through express words mentioned under
the newly enacted statute, it is called as express repeal.
•FeaturesofExpressRepeal,
There must be a repealing statute
The earlier statute must be repealed by the new
statute
Enacted statute must have a clear intention
showing the effect of repeal

8. CONTD…
2) Implied Repeal –When a statute becomes obsolete and
it is inferred in the statute that it is no longer valid then it
shall be repealed with the newly enacted statute. This
process is called as implied repeal.
•However,duringthe absence of provisions relating to
express repeal, it is presumed that the statute is to be
continued.
•InImpliedrepeal,theburdenofproofliesuponthe
personwhofirstasserted the implication of repeal.
•It can be said that, the concept of implied repeal is that,
the earlier enacted law shall be abolished by the new one.

9. CONTD…
•In order for an Implied repeal of the statute,
1.It mustbe taken into account whether the previously
enacted laws are in contradiction to the newly enacted
laws
2.Suchconflictmustbeofanaturethat, it can’tbe
resolved
3.Ifthe nature of both laws deals with the same field, then
a statute may be repealed
4.Whethertherehasbeensomeinconsistencywiththe
previouslyenactedandnewlyenacted statute

10. WHEN IMPLIED REPEAL IS
INFERRED?
1.When boththepreviousandsubsequent enactments are
inconsistent with each other
2.When thesubjectofa previous act is covered by the act
3.Whenboththeenactmentsarenotconsistentwitheach
otherandonlyone of those two enactments can remain
effective
4.Whenthesubjectcovered by the previous act isintended
to substitute
(Delhi Municipality V. ShivshankarAIR 1971 SC 815)

11. EFFECTS OF REPEAL
•Thestatuterepealedisabolishedandobliteratedand
becomesdeadasiftheenactmentofthestatute.
•Alltherightscreatedundertherepealedactisremoved
•Anewlyenactedlaw/provisionrepudiatestheexistingone
•Allthestatutesaftergettingrepealedbecomesineffective
•Statuterepealedisabolishedbytherepealingstatuteasif
ithadneverbeenmadebythelegislature
•Exceptforasavingclause,eachandeverypartofthe
statuteisconsideredunconstitutional

12. CONCLUSION
•It can be concluded that the repeal of statute is to abolish
the law and once it is abolished, it possesses no value/
effect. The main objective of the act is to bring necessary
changes in theexistinglaws. It removes obsolete matters
from the body of any law and once it is removed, it is up
to the courts discretion to decide whether the new
enactment meets with the ultimate goal and intention of
the act or not.

13. THANK
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