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 is a will of the legislature which includes all the acts
passed by the provincial legislation.
• A statute is a formal written enactment of a legislative
authority which governs a state/ country.
• Statutes are classified w.r.t its duration, methodology
and object.

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unless it is repealed earlier.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 act after it is
expired
• Notifications made under temporary statutes – If the
temporary act is expired, all the provisions, orders,
notifications of the act will also discontinue
• Expiry of a statute does not mean that all the purposes of
such statute is concluded
• Even if the statute is expired, 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• It is said that, once a statute is repealed , it is considered
as void and it does not possesses any effects from the
moment it was repealed.
• According to Black’s law dictionary, repeal means “a
legislative act which abrogates an existing nature.”
• Power of repealing a statute lies with the legislature
• Both State and Union enjoys the power to repeal any
statute. However, this power cannot 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• A statute can be repealed by two kinds,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. When any statute/ provision of a
statute is repealed through express words mentioned under
the newly enacted statute, it is called as express repeal.
• Features of Express Repeal,
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, during the absence of provisions relating to
express repeal, it is presumed that the statute is to be
continued.
• In Implied repeal, the burden of proof lies upon the
person who first asserted 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 must be taken into account whether the previously
enacted laws are in contradiction to the newly enacted
laws
2. Such conflict must be of a nature that, it can’t be
resolved
3. If the nature of both laws deals with the same field, then
a statute may be repealed
4. Whether there has been some inconsistency with the
previously enacted and newly enacted statute

10. WHEN IMPLIED REPEAL IS
INFERRED?
1. When both the previous and subsequent enactments are
inconsistent with each other
2. When the subject of a previous act is covered by the act
3. When both the enactments are not consistent with each
other and only one of those two enactments can remain
effective
4. When the subject covered by the previous act is intended
to substitute
(Delhi Municipality V. Shivshankar AIR 1971 SC 815)

11. EFFECTS OF REPEAL
• The statute repealed is abolished and obliterated and
becomes dead as if the enactment of the statute.
• All the rights created under the repealed act is removed
• A newly enacted law/ provision repudiates the existing one
• All the statutes after getting repealed becomes ineffective
• Statute repealed is abolished by the repealing statute as if
it had never been made by the legislature
• Except for a saving clause, each and every part of the
statute is considered unconstitutional

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 the existing laws. 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
YOU