The Delhi High Court has stated that the procedure for anticipatory bail applications concerning FIRs lodged before the enactment of new criminal laws should follow the provisions of the Bharatiya Nagarik Suraksha Sanhita 2023. This applies specifically if such applications are filed on or after July 1, 2024.

Justice Anup Jairam Bhambhani explained that Section 531(2)(a) of the BNSS specifies that cases should be adjudicated under the Code of Criminal Procedure (Cr.P.C.) only if they were pending before July 1.

Justice Anup Jairam Bhambhani explained that Section 531(2)(a) of the BNSS specifies that cases should be adjudicated under the Code of Criminal Procedure (Cr.P.C.) only if they were pending before July 1.

The court addressed a case where an anticipatory bail plea was filed by an accused in a rape case registered on May 18, 2024, under sections 376, 328, and 506 of the Indian Penal Code.

_Though the present petition has been filed under the provisions of the Code of Criminal Procedure 1973 (‘Cr.P.C.’), 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. 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 observed_

Title: PRINCE v. STATE OF GOVT OF NCT OF DELHI & ORS.