Repeal of amending act does not erase incorporated proviso already embedded in the principal criminal procedure code.

An amendment inserted into Section 488 of the Code of Criminal Procedure continued to operate after repeal of the amending Act because the proviso had already been incorporated into the principal Code and became part of it. The repeal did not remove an embedded provision, and Section 4 of the Repealing and Amending Act preserved enactments where the repealed law had been applied, incorporated or referred to. The repeal was directed at obsolete matter, not provisions already embedded in another statute. The maintenance order founded on the inserted proviso therefore remained undisturbed.

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Issues: Whether the amendment inserted into Section 488 of the Code of Criminal Procedure by the amending Act ceased to operate upon repeal of that amending Act by the Repealing and Amending Act, and whether the maintenance order based on the inserted proviso was liable to be set aside.

Analysis: The inserted proviso had been incorporated into the principal Code and had become part of it. The repeal of the amending Act did not, by itself, remove the incorporated provision from the Code. Section 4 of the Repealing and Amending Act preserved other enactments in which the repealed enactment had been applied, incorporated or referred to. The repeal was intended to remove obsolete matter, not to extinguish provisions that had already become embedded in another enactment.

Conclusion: The inserted proviso continued to remain in force, and the maintenance order could not be disturbed on the ground that the amending Act had been repealed.

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