Jammu & Kashmir HC seeks senior AAG’s assistance on applicability of BNSS to pre-2024 defamation case

The Jammu and Kashmir High Court is slated to examine whether India's new criminal laws - which took effect from July 1, 2024 - can be applied to a criminal case concerning an offence that took place before 2024, but in respect of which a complaint was filed only in 2025 [Preeti Dubey v. Vinus Sharma].

Justice Wasim Sadiq Nargal on August 3, sought the assistance of a Senior Additional Advocate General in the matter.

The case involves a question of whether the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 - which replaced the Code of Criminal Procedure, 1973 (CrPC) with effect from July 1, 2024 - would be applicable to a criminal complaint arising from an offence committed before the new criminal laws came into force.

 “Since an important question of law has been raised in the instant matter, this Court, in the peculiar facts and circumstances of the case, deems it appropriate to request Ms. Monika Kohli, learned Senior AAG, to render valuable assistance in the instant matter with a view to appreciate the controversy in question," the High Court said.

The dispute concerns a defamation complaint arising out of allegations related to the purchase of Interactive Flat Panels through the GeM portal.

According to the petition, an allegedly defamatory episode took place in 2023, when the Indian Penal Code (IPC), 1860 and Code of Criminal Procedure (CrPC), 1973 were in force.

The complainant subsequently approached the trial court in January 2025 with a complaint, alleging the commission of offences under Sections 488 (using a false or counterfeit property mark) and 500 (defamation) of the IPC (now replaced by the Bharatiya Nyaya Sanhita, 2023/ BNS).

The trial court proceeded to consider the case under the BNSS, 2023, and later dismissed an application seeking continuation of the proceedings under the CrPC, 1973.

This has been challenged by the complainant (petitioner) before the High Court.

The matter raises the question whether a complaint relating to an alleged offence committed in 2023 can be governed by the procedural provisions of the BNSS, merely because the complaint was instituted after the new criminal laws came into force on July 1, 2024.

The petition relies upon the saving provisions contained in the BNS and BNSS, as well as Section 6 of the General Clauses Act, 1897. The plea contends that repeal of the earlier criminal laws would not ordinarily affect rights, liabilities or pending proceedings arising under the repealed enactments.

The petitioner has asserted that the procedural law applicable at the time of the alleged offence should continue to govern the matter - the CrPC, in this case.

The matter was initially listed next on August 20, when it could not be taken up due to a paucity of time. It is listed next in November.

Senior Advocate Aseem Sawhney with Advocates Anil Kumar and Simran appeared for the petitioner.

Advocate Chetna Manhas appeared for a private respondent.

[Read Order]