Construction of references to repealed enactments
Section 8 of the General Clauses Act, 1897 deals with construction of references to repealed enactments. ] Where this Act, or any [Central Act] or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different i The Act came into force on 11 Mar 1897.
1[(1)] Where this Act, or any 2[Central Act] or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.
3[(2) 4[Where before the fifteenth day of August, 1947, any Act of Parliament of the United Kingdom repealed and re-enacted], with or without modification, any provision of a former enactment, then reference in any 2[Central Act] or in any Regulation or instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.]
Section 8, The General Clauses Act, 1897 (Act 10 of 1897).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State through S. P. , New Delhi vs Ratan Lal Arora
Court's Decision & Legal Precedent
Where a statute prescribes a minimum sentence of imprisonment and contains no provision for reduction on special reasons, the provisions of the Probation of Offenders Act, 1958 and Section 360 of the Code of Criminal Procedure, 1973 cannot be invoked to grant probation benefits or reduce the sentence below the statutory minimum. This principle applies to offences under the Prevention of Corruption Act, 1988, as the statutory bar contained in Section 18 of the Probation Act (which refers to the repealed Prevention of Corruption Act, 1947) continues to apply to the re-enacted Act by operation of Section 8 of the General Clauses Act, 1897. The statutory object of the Prevention of Corruption Act cannot be diluted by indirectly reducing the minimum sentence through the application of probation provisions.
On this section: Section 8 provides that where an Act is repealed and re-enacted, references in other enactments to the repealed Act shall be construed as references to the re-enacted provisions unless a different intention appears. The Court applied this principle to hold that the bar in the Probation Act continues to apply to the re-enacted Prevention of Corruption Act.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 8
What have the courts held on Section 8 of the General Clauses Act?
State through S. P. , New Delhi vs Ratan Lal Arora (26 Apr 2004) is the leading judgment on this section among those set out below: Section 8 provides that where an Act is repealed and re-enacted, references in other enactments to the repealed Act shall be construed as references to the re-enacted provisions unless a different intention appears. The Court applied this principle to hold that the bar in the Probation Act continues to apply to the re-enacted Prevention of Corruption Act.
How do I find court cases under Section 8 of the General Clauses Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: General Clauses Act 8, section 8 General Clauses Act, section 8 of the General Clauses Act. People searching for it also type general clauses act 1897 section 8. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State through S. P. , New Delhi vs Ratan Lal Arora (26 Apr 2004).
What should I read with Section 8 of the General Clauses Act, and has it changed?
2 instruments name it without being made under it, most recently Bhartiya Nagarik Suraksha Sanhita (Maintenance of Records)Maharashtra Rules,2025 (2025), then Maharashtra Factories (Safety Audit) Rules, 2014 (2014).
When did Section 8 of the General Clauses Act come into force?
Section 8 of the General Clauses Act, cited as General Clauses Act 8, came into force on 11 Mar 1897, having been enacted on 11 Mar 1897. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Definitions2735 words
- 23. Provisions applicable to making of rules or bye-laws after previous publication243 words
- 24. Continuation of orders, etc., issued under enactments repealed and re-enacted178 words
- 6. Effect of repeal168 words
- 4. Application of foregoing definitions to previous enactments143 words
- 28. Citation of enactments143 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.