Delhi High Court: Anticipatory Bail Can Be Filed Under BNSS Even If FIR is Under IPC

High Court granted relief to a man accused of rape of a woman he late married.

The Delhi High Court recently decided that if a first information report (FIR) is filed before new criminal laws are implemented, any anticipatory bail plea filed on or after July 1, 2024 (when the new laws start), will be handled under the Bharatiya Nagarik Suraksha Sanhita (BNSS) [Prince v State of Govt of NCT of Delhi & Ors].

Justice Anup Jairam Bhambhani stated that a straightforward reading of Section 531(2)(a) of the BNSS clarifies that any application, appeal, or proceeding must be under the BNSS if filed on or after July 1.

“ the present petition has been filed under the provisions of the Code of Criminal Procedure 1973 (CrPC), 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 CrPC 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,” the Court said.

The single judge made this point while handling an anticipatory bail request from a man named Prince in a rape case.

Prince was accused of rape by a woman he had sexual relations with, and they got married the next day.

He claimed the woman forced him into the marriage.

He also asked for the marriage to be annulled.

After reviewing the case, the Court said the petition should have been filed under BNSS but will treat it under the new law to avoid delays.

The Court ordered the police not to take any action against the accused.

Prince was represented by advocates Shiv Kumar Gautam, Gaurav Singh, Rohit Gupta, and Shanu.

The State was represented by Additional Public Prosecutor (APP) Utkarsh, and advocates Sachin Khari and Sarika Khari.