Jammu and Kashmir High Court issues rulings on criminal law and domestic violence protections

The Jammu and Kashmir High Court is addressing two distinct legal matters involving the application of criminal procedures and protections for victims.

In a defamation case, the court is examining whether the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, applies to offences committed before the law took effect on July 1, 2024, but for which complaints were filed in 2025. Justice Wasim Sadiq Nargal has requested assistance from a Senior Additional Advocate General to clarify this legal question regarding the transition from the Code of Criminal Procedure (CrPC).

In a separate ruling, the High Court clarified that victims of domestic violence do not need to wait for a full trial to conclude before seeking interim residence protection. Justice Sanjay Dhar noted that under the Protection of Women from Domestic Violence Act, 2005, Magistrates can grant urgent relief, such as safe accommodation, based on a prima facie disclosure of violence to ensure immediate safety and shelter.