Bailabel Type : bailable

Description

Section 112 of the Code of Civil Procedure (CPC) is a provision that deals with savings, meaning it preserves certain legal rights, actions, or proceedings even if they were not explicitly covered by the changes introduced in the CPC or its amendments. The section ensures that existing laws, rights, or practices that were in place before the CPC was enacted, or any provisions that may not be directly addressed by the CPC, continue to have effect.

Key Provisions of Section 112:

1. Savings of Existing Laws:

   • Section 112 of the CPC ensures that existing laws, rules, or proceedings that were in force before the enactment of the Code, or that have been subsequently established, are not affected or overridden by the provisions of the CPC unless explicitly stated.
   • This means that the introduction of the CPC does not invalidate or cancel out pre-existing laws or practices that were valid and in use, unless those laws conflict with the provisions in the CPC itself.

2. Preservation of Rights and Proceedings:

   • The section preserves the continuity of legal rights and proceedings that were already ongoing or established under any other law.
   • For example, if a legal proceeding was in progress under a prior legal system, Section 112 allows such proceedings to continue under the previous law, even if the CPC had come into effect.

3. Exceptions for Specific Provisions:

   • While Section 112 aims to preserve previous laws, it does not apply to matters expressly covered by the CPC itself. If the CPC has made specific provisions about a legal action or proceeding, those provisions will take precedence.
   • For instance, if a certain procedure or time limit is defined by the CPC, that will override any earlier provisions that might have allowed for different timelines or procedures.

4. Ensuring Consistency:

   • The provision provides legal continuity and certainty by making sure that the changes introduced by the CPC do not disrupt ongoing legal actions that fall under other relevant laws.
   • This is important to avoid any confusion or retroactive effects that could arise from the implementation of a new legal code.

Punishment

Section 112 does not directly prescribe punishments or penalties, as it is intended to preserve existing rights, actions, and laws. However, the legal consequences can be understood as follows:

1. Continuity of Rights and Proceedings:
   • Since Section 112 deals with preserving existing rights and actions, there are no penalties for continuing legal rights or proceedings that are saved by this section.
2. Non-Application of CPC Provisions:
   • If the section did not exist and the CPC had been applied retroactively without this saving provision, ongoing legal actions could have been disrupted or invalidated. Section 112 prevents such potential disruption by saving previously established legal rights.
3. Appeals and Legal Proceedings:
   • If a legal proceeding continues under an earlier law that was saved by Section 112, any appeals or judgments arising from those proceedings would still be valid, as long as they are in compliance with the laws in effect at that time.