BNSS Suggests Continuation Of Proceedings Under CrPC Only When Proceedings Were Pending Immediately Before BNSS Came Into Force: Delhi HC
The Delhi High Court held that Section 531(2)(a) of Bharatiya Nagarik Suraksha Sanhita suggested that proceedings under the CrPC should continue only when any appeal, application, trial, inquiry or investigation was pending immediately before BNSS came into force.
The Court was hearing a bail application filed under Section 438 read with Section 482 of the Code of Criminal Procedure 1973 where the petitioner sought anticipatory bail in FIR registered for offences under Sections 376, 328 and 506 IPC.
The bench of Justice Anup Jairam Bhambhani observed, “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.”
Advocate Shiv Kumar Gautam appeared for the Appellant and APP Utkarsh appeared for the Respondent.
In the present case, allegations in the FIR were that the petitioner made physical relations with the prosecutrix and the very next day the parties got married, as evidenced by the marriage certificate.
The Court said that the petition ought to have been filed under the BNSS and treated it as one under Section 482 read with 528 of the BNSS to obviate any unnecessary delay.
Accordingly, the Court after considering the allegations made in the FIR, certificate of marriage issued by Arya Samaj Mandir Trust, and subject to the petitioner joining the investigation as and when called for by the Investigating Officer directed that no coercive steps shall be taken against the petitioner till next date of hearing.
Cause Title: Prince v. State of Govt. Of NCT of Delhi
Appearance:
Appellant: Adv. Shiv Kumar Gautam, Adv. Gaurav Singh, Adv. Rohit Gupta and Adv. Shanu
Respondent: APP Utkarsh, Adv. Sachin Khari and Adv. Sarika Khari