Supreme Court Clarifies CrPC Application in Jammu & Kashmir Post-Reorganisation

The Supreme Court of India has issued a judgment in the case of National Investigation Agency v. Owais Amin @ Cherry & Ors., clarifying the applicability of different versions of the Criminal Procedure Code (CrPC) in the context of the Jammu & Kashmir Reorganisation Act, 2019. This appeal stemmed from a case where the National Investigation Agency (NIA) challenged a Jammu & Kashmir High Court ruling related to charges against individuals accused of attempting to attack a Central Reserve Police Force (CRPF) convoy.

The key issue at hand was whether the NIA needed to obtain authorization or empowerment under Section 196-A of the Jammu and Kashmir State Ranbir Penal Code SVT., 1989 (RPC, 1989) to prosecute the accused for criminal conspiracy under Section 120-B of the RPC, 1989. The High Court had upheld the Special Judge, NIA's decision not to take cognizance of this charge due to the lack of such authorization or empowerment.

The Supreme Court highlighted that the Jammu & Kashmir Reorganisation Act, 2019, which came into effect on October 31, 2019, repealed the CrPC, 1989 and introduced the Code of Criminal Procedure, 1973 (CrPC, 1973) in the Union Territories of Jammu & Kashmir and Ladakh. The Court noted that there was no provision suggesting retrospective application of the CrPC, 1973.

While acknowledging that ongoing investigations initiated under the CrPC, 1989 could continue under the CrPC, 1973, the Court determined that this did not imply that non-compliance with procedural requirements under the CrPC, 1989 could be ignored simply because the CrPC, 1973 was now in effect. The Court underscored that the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019, specifically Para 2(13), allows the NIA to address such non-compliance.

In this specific case, the Supreme Court allowed the NIA to seek appropriate authorization or empowerment under Section 196-A of the CrPC, 1989. The Court instructed the Trial Court to take cognizance of the charge under Section 120-B of the RPC, 1989, if the NIA successfully obtained the necessary authorization or empowerment.

The Supreme Court's judgment provides clarity on the application of the CrPC in cases that originated before the Jammu & Kashmir Reorganisation Act, 2019 came into force. It also emphasizes the importance of adhering to procedural requirements even when a new law replaces an old one.

Coram: Justice M. M. SUNDRESH & Justice S. V. N. BHATTI.
Case No.: Criminal Appeal No. 2668 of 2024
Between: National Investigation Agency v. Owais Amin @ Cherry & Ors
Dated: May 17, 2024
Judgement Copy