‘FIRs, prosecution in offences before Oct 31, 2019 under repealed laws’

KT NEWS SERVICE. Dated: 1/28/2020 11:48:39 PM

JAMMU, Jan 28: The Jammu and Kashmir government has conveyed to the investigating agencies that probe in offences/ crimes committed before October 31, 2019 would continue under old repealed laws and remain unaffected by central laws which came into force.
Citing a Supreme Court judgment and General Clauses law, the Law department has opined that the right which had accrued the investigating agency to investigate the crime which took place prior to coming into force of the central Act and which was covered by the said Act remains unaffected by the reason of clause (C) of section 6 of the General Clauses Act.
Under the clause, if any Central Act repeals any enactment, the repeal shall not affect any right, privilege, obligation, liability acquired, accrued or incurred under any enactment so repealed.
The judgment invoked by the Law department states that the right of authorities to investigate the crime, institute proceedings and prosecute appellants is saved and not affected by repeal of old Act.
The department has come up with the opinion after investigating agencies approached it for clarifications over effect of repeal of state Acts in cases where investigating agencies had conducted verification/inquiries/ investigation pertaining to occurrences regarding commission of crimes prior to October 31, 2019. On October 31, Central laws became applicable to Jammu and Kashmir through J&K Re-organization Act and the Re-organisation Removal of Difficulties Order.

 

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