FIR Lodged Under IPC But Anticipatory Bail Plea Filed After Enforcement Of New Criminal Laws, Delhi High Court Says BNSS Should Apply
Nupur Thapliyal
19 July 2024 1:34 PM GMT
The Delhi High Court has observed that procedure with respect to anticipatory bail pleas filed in relation to FIRs lodged prior to enforcement of new criminal laws should be governed by the Bharatiya Nagarik Suraksha Sanhita 2023, if the date of filing such application is on or after July 1, 2024.
Justice Anup Jairam Bhambhani reasoned that Section 531(2)(a) BNSS prescribes that proceedings must be continued and disposed of under the Code of Criminal Procedure (Cr.P.C.) "only in cases where they were pending" immediately before July 01.
“…in the opinion of this court, on a plain reading of section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS'), proceedings are to be “...disposed of, continued, held or made...” in accordance with the Cr.P.C. only in cases where such proceedings, viz.“...any appeal, application, trial, inquiry or investigation...”, was pending immediately before the date on which the BNSS came into force, i.e. 01.07.2024. In the circumstances, since the present petition has been filed after 01.07.2024, in the opinion of this court, the present petition ought to have been filed under the BNSS,” the bench said.
The court was dealing with an anticipatory bail plea filed by an accused in a rape case registered on May 18 for the offences under sections 376, 328 and 506 of Indian Penal Code.
The court said that since the plea was filed after July 01, it ought to have been filed under the BNSS.
“Be that as it may, in order to obviate any unnecessary delay, the present petition is treated as one under section 482 read with 528 of the BNSS,” the court added. However, it said that any objection that may be taken in the matter is kept open to be decided subsequently.
Issuing notice on the plea, the Court said that intimation be sent by the Investigating Officer to the complainant, informing her that she is entitled to be heard in the matter.
In the meantime, Justice Bhambhani ordered that no coercive steps be taken against the accused till the next date of hearing, subject to him joining investigation as and when called-for by the Investigating Officer.
The matter will now be heard on October 25.
Counsel for Petitioner: Mr. Shiv Kumar Gautam, Mr. Gaurav Singh, Mr. Rohit Gupta and Mr. Shanu, Advocates
Counsel for Respondents: Mr. Utkarsh, APP for the State with Mr. Sachin Khari and Ms. Sarika Khari, Advocates
Title: PRINCE v. STATE OF GOVT OF NCT OF DELHI & ORS.
Citation: 2024 LiveLaw (Del) 800
