What is Statute -
"A Statute is a formal written enactment of Legislative authority that governs a country, state, city or county. In Simple words, it is the Law, Enactment, Act. There are Several Types of Statutes, Such as Temporary Statute, Perpetual Statute, Consolidating Statute, Codifying Status, Fiscal Statute, Remedial Statute, Penal Statute, Declaratory Statute. Generally, Statute can be classified with reference to its duration, Method, Object, and extent of Application.
See >>>> What is the Remedial Statute, Difference between Remedial Statute and Penal Statute
What is the expiry of Statute -
A temporary Act (Statute) expires after a specified time unless its duration is extended by a fresh enactment or under powers conferred under the Act.
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when its duration is only for specified time and such Statute expires on expiry of the specified time unless it is repealed earlier.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 merely by amending the same. The only remedy is to revive the expired Statute by and enacting a Statute in similar terms or by enacting a Statute expressly saying that the expired Act is herewith revived.
Effects of Expiry of Statutes -
When a Temporary Act expired Section 6 of the General Clauses Act 1897, which in terms is limited to repeals, has no application. The effect of expiry, therefore, depends upon the construction of the Act itself.
(a) Legal proceeding under expired Statute -
These type of questions often arises in connection with the legal proceeding in relation to a matter connected with the temporary Act. The answer to such questions depends on the construction of the Act as a whole. The legislature very often and enacts in the Temporary Act a saving provision similar in effect to Section 6 of the General Clauses Act 1897. But in the absence of such provision, the normal rule is that proceeding against the person under the temporary statute ipso facto terminates as soon as stated expires, a person, therefore, cannot be prosecuted and convicted for an offense against the act after its expiration in absence of the saving provision, and if prosecution has not ended before the date of expiry of the Act, it will automatically terminate as a result of termination of the Act.
(b) Notifications, Orders, Rules etc made under temporary Statutes -
In case a Temporary Act expired, the general rule is that any appointment, order, notifications schemes, rule form or bye-law made or issued under the Temporary Act also comes to an end with the expiry of such act and will not be continued even the provision of the expired Act are reenacted, the reason being that Section 24 of the General Clauses Act 1897 does not apply to such a situation.
(c) Expiry does not make destitute care for all the purposes -
A temporary Statute even in absence of a savings provision like Section 6 of the General Clauses Act 1897, is not dead for all the purposes. The nature of right and obligation resulting from the provisions of a Temporary Act and their character may have to be regarded in determining whether the said right or obligation is enduring or not. The person who has been prosecuted and sentenced during the continuance of temporary Act for violating its provision cannot be released before he serves out his sentence even if the temporary Act expires before the expiry of the full period of sentence.
(d) Repeal by Temporary Statute -
A Statute with which is repealed by temporary statute revives on expiry of repealing Statute will depend upon the construction of repealing Statute.
Relevant Case Laws -
S.Krishnan vs State of Madras AIR 1951 SC 301
In this case, the Court held that a person's detention under the temporary Statute relating to preventive detention will automatically come to an end on the expiry of the Statute.
See also...
1. Golden Rule of Interpretation | Law of Interpretation of Statute
2. Delegated Legislation: Meaning and Definition of Delegated Legislation
3. Write a short note on the appointment of commission | The code of Civil Procedure1908
4. Offenses: Meaning, Definition and Classification of Offenses
5. Consequences of Non-Compliance With The Provisions Relating to Arrest (Cr.P.C)
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