National Investigation Agency vs Owais Amin @ Cherry 2024 INSC 447 – J & K Reorganisation Act

Jammu & Kashmir Reorganisation Act, 2019Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019– CrPC, 1973 would govern the field only from the appointed day and consequently the CrPC, 1989 stands repealed- It would come into effect only from the appointed day, and therefore has got no retrospective application. To make this position clear, the CrPC, 1973 shall be pressed into service from 31.10.2019 onwards, and thus certainly not before the appointed day. (Para 18-20) – There is nothing to infer either from the Act, 2019 or the Order, 2019 that CrPC, 1973 will have a retrospective application- While an investigation could continue after its initiation under the CrPC, 1989, by way of the application of the CrPC, 1973, it cannot be stated that even for a case where there was a clear non-compliance of the former, it can be ignored by the application of the latter.

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