J&K High Court Seeks AAG Assistance on BNSS Applicability to Pre-2024 Defamation Case

JAMMU, August 3, 2026 – The High Court of Jammu & Kashmir and Ladakh has sought the assistance of the Senior Additional Advocate General (AAG) to determine whether the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 applies to a defamation case that arose in 2023, when the Code of Criminal Procedure (CrPC), 1973 was still in force.

Justice Wasim Sadiq Nargal, presiding over the matter, noted that an "important question of law" had been raised, warranting the court to request Ms. Monika Kohli, learned Senior AAG, to render valuable assistance in appreciating the controversy. The court has issued notice and listed the matter for final hearing on August 20, 2026.

The Core Legal Question

The dispute centers on a defamation complaint filed by petitioner Preeti Dubey against respondent Vinus Sharma. The allegedly defamatory episode occurred in 2023, and the complaint was filed in January 2025. However, by January 2025, the BNSS, 2023 had already replaced the CrPC, 1973.

The trial court chose to proceed under the BNSS, and later dismissed an application from the petitioner seeking to continue the proceedings under the old CrPC. This decision has been challenged before the High Court.

Arguments and the Court's Approach

While the order does not detail the full arguments of the parties, the petitioner, represented by Senior Advocate Mr. Aseem Sawhney, has raised the fundamental question of whether the BNSS can govern a case that arose entirely during the life of the CrPC. The respondent is represented by Ms. Chetna Manhas, appearing for Ms. Monika Kohli.

Recognizing the significance of the issue, the court has decided to seek the AAG's input before proceeding to a final hearing. This suggests the court considers the matter to have broader implications for how transitional cases—those straddling the repeal of the old code and the introduction of the new one—should be handled.

Key Observations

While the court did not issue a detailed ruling on the merits, its decision to seek the AAG’s assistance underscores the complexity of the legal question. The passage of the BNSS, 2023, which replaced the CrPC, 1973, has created procedural uncertainty for cases with facts that predate the new law.

Court's Decision and Implications

The court has directed that the matter be listed on August 20, 2026, for final hearing. The involvement of the AAG indicates that the court is looking for a comprehensive view of the state's position on the applicability of the BNSS to such transitional cases.

The outcome of this case will be closely watched by legal practitioners, as it could set a precedent for how other pre-2024 cases are processed under the new criminal procedure regime. A ruling in favor of the petitioner could compel trial courts to revert to the CrPC for cases arising before the BNSS came into effect, potentially affecting hundreds of pending matters across Jammu & Kashmir.