State (Delhi Administration) vs Mithlesh And Ors.
1994 Latest Caselaw 186 Del

JUDGMENT

Jaspal Singh, J.

(1) Has Section 498A of the Indian Penal Code been repealed? This is the short question. It has arisen because the learned Magistrate thought it to be so and as such discharged the accused. Unfortunately even the learned Additional Public Prosecutor appearing for the State lent no helping hand and rather conceded that the provision really stood repealed. The State has now come in revision.

(2) Though the learned Magistrate has not referred to the so-called repealing Act, obviously he had in his mind the Repealing and Amendment Act of 1988 (Act 19 of 1988). It appears, though again not specifically spelled out in the impugned order that the learned Magistrate thought that Act No.46 of 1983 relating to Chapter XXA(having only one section namely, 498A) stood repealed by Act 19 of 1988. It is far from so. I need not burden the order by reproducing Sections 3 and 4 of Act 19 of 1988. Suffice to say that their combined reading would go to show that some Amending Acts as shown in the Schedule were to stand amended in the manner and to the extent as referred to in the fourth column thereof. True, the Schedule shows that Act 46 of 1983 was repealed but then it further provides that the repeal shall not affect other enactments in which the repealing Act has been applied, incorporated or referred to. It also needs to be mentioned that such Repealing and Amending Acts have no positive legislative effect and are in fact, designed to exclude dead wood from the Statute Book. Once the goal sought to be achieved by the Amending Acts is accomplished by bringing about the desired amendment in the parent statute, such Acts cease to be of any utility. It is for this reason that the axe of Repealing and Amending Acts is applied. The removal thereby of the dead wood does not, however, affect the amendment brought about by it for, by incorporation it gets transplanted and becomes a part of the parent statute.

(3) For what has been recorded by me above, the order of discharge is set aside. The learned Metropolitan Magistrate shall hear arguments on the point of charge and shall. thereupon proceed with the matter as per the dictates of law. Parties are directed to appear before him on 6th April, 1994. Lower court record be sent back forthwith.