abrogation of special status of j&k


Is Ranbir Penal Code(RPC) still appicable in Jammu and Kashmir, after abrogation of its special status?
 
Reply   
 
Deputy Manager

No. Instead IPC is applicable now.

Total likes : 1 times

 
Reply   
 


Advocate

Ranbir Penal Code or RPC is a criminal code applicable in Jammu and Kashmir. The code was introduced during the reign of Dogra dynasty with Ranbir Singh as its ruler. Indian Penal Code is not applicable here under Article 370 of the Indian constitution. There is a difference between RPC and IPC.


Total likes : 1 times

 
Reply   
 
Advocate

As RPC was created especially for state of Jammu and Kashmir so it has some differences from IPC. In some sections India is replaced by Jammu and Kashmir State. There are some major differences like sections dealing with crimes committed offshore or on a voyage are omitted in RPC. IPC’s some sections are amended by different states of India according to their affairs especially by Tamil Nadu, Uttar Pradesh and Andhra Pradesh.


Total likes : 1 times

 
Reply   
 
Advocate

Ranbir Singh was the Maharaja of Kashmir when the Indian Penal Code, 1860 was passed. So, he adopted the same as Ranbir Penal Code in state of Jammu and Kashmir.

Article 370 gives autonomy to State of J&K to adopt make any law or change the name of any law. And naturally for sentimental reasons they are not going to do it.

If one sees, Indian Penal Code, Pakistan Penal Code, Penal Code, 1860: Bangladesh and Ranbir Penal Code they are all the same.

 
Reply   
 
Advocate

From Indian Penal Code (IPC) to Income Tax Act to Representation of the People Act, the 37 central laws passed by the Union cabinet for Jammu and Kashmir will be applicable retrospectively from October 31, 2019.

the Union cabinet has given approval for their applicability in an effort to ensure administrative effectiveness and smooth transition, removing any ambiguity, in line with the Constitution.
 

 

 

 
 
Reply   
 
Advocate

Jammu and Kashmir had a separate provision of Ranbir Penal Code (RPC) under which cases were registered by the state police. On August 5, the Union government had withdrawn J&K’s special status under Article 370 and bifurcated the state into two Union Territories-—Ladakh and J&K.. The two UTs came into existence on October 31
 

 
 
Reply   
 
Advocate

Apart from IPC and Criminal Procedure Code (CrPC), the Centre had also extended Insolvency and Bankruptcy Code.

Another law that will now be applicable to J&K is the Real Estate (Regulation and Development) Act, 2016. This was earlier applicable to other parts of the country except J&K.
 

 
 
 
Reply   
 
Advocate

Similarly, the Prevention of Corruption Act, 1988 used by CBI and vigilance agencies has been made applicable to J&K. The act is applicable to all Indian citizens even outside the country. J&K’s Anti-corruption Bureau had last year claimed to unearth the political nexus at Jammu and Kashmir bank where loans were being disbursed by senior officials by abusing official positions.
 

 
 
Reply   
 
Advocate

As per Section 96 of the Jammu and Kashmir Reorganisation Act, 2019, the Centre has the power to make adaptations and modifications of the laws, whether by way of repeal or amendment, as may be necessary or expedient for the purpose of facilitating the application of any law made before the appointed date till the expiration of one year from the appointed date.
 

 
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

  LAWyersclubindia Menu

CrPC MASTERCLASS     |    x