Supreme Court: CrPC 1973 Not Retrospective in J&K Before October 31, 2019; Old Law Applies to Prior Proceedings
The Supreme Court has clarified that the Code of Criminal Procedure, 1973 (CrPC) will apply to Jammu and Kashmir only from October 31, 2019, the date when the Jammu and Kashmir Reorganization Act, 2019 came into effect following the abrogation of the special status of J&K under Article 370 of the Constitution. This means that all legal proceedings and investigations initiated before this date must comply with the J&K CrPC 1989.The Court emphasized that the CrPC, 1973, does not have retrospective application in J&K. Therefore, proceedings initiated before October 31, 2019, must adhere to the provisions of the J&K CrPC 1989. This clarification came from a bench comprising Justices MM Sundresh and SVN Bhatti.
Key Observations:- The CrPC, 1973, only governs legal proceedings from the appointed day (October 31, 2019), and the J&K CrPC 1989 is applicable for prior cases.
- The National Investigation Agency (NIA) argued that post-2019, the J&K CrPC need not be followed for cases initiated earlier. However, the Court rejected this argument, asserting that non-compliance with the J&K CrPC 1989 cannot be ignored by applying the CrPC 1973 retrospectively.
- The Court stated, “The CrPC, 1973 shall be pressed into service from 31.10.2019 onwards, and thus certainly not before the appointed day.”
Background:In this case, the NIA registered an offence on April 15, 2019, and filed a chargesheet on September 25, 2019. After the abrogation of J&K’s special status, the CrPC 1973 replaced the J&K CrPC 1989. However, the requirement for prior sanction to prosecute criminal conspiracy under the Ranbir Penal Code remained under the J&K CrPC 1989. The trial court and High Court held that sanction under Section 196A of the J&K CrPC 1989 was necessary, a finding challenged by the NIA in the Supreme Court.
Supreme Court Ruling:The Supreme Court held that while the CrPC 1989 was applicable, the failure to obtain sanction was a curable defect. The bench comprising Justices MM Sundresh and SVN Bhatti stated, “A mere non-compliance of an earlier procedure mentioned in the repealed Code by itself would not enure to the benefit of an accused, the procedure being a curable one, depending upon the facts and circumstances of the case.”The Court granted the NIA the liberty to comply with the mandate of Section 196A of the J&K CrPC 1989 by seeking appropriate authorization. The trial court was directed to proceed with the trial after this compliance.
Case Details:- Case Title: NATIONAL INVESTIGATION AGENCY NEW DELHI VERSUS OWAIS AMIN @ CHERRY & ORS.
- Counsel for Petitioner(s): Mr. Surya Prakash V Raju, A.S.G., Mrs. Swati Ghirdiyal, Adv., and others.
- Counsel for Respondent(s): Mr. Muzaffar Iqbal Khan, Adv., Mr. D. Mahesh Babu, AOR, and others.
For the full judgment, click here.
