FACTS: In this case, the petitioner and the complainant/prosecutrix, who were previously in a relationship that later led to marriage as evidenced by a marriage certificate dated January 19, 2024, issued by the Arya Samaj Mandir Trust, Gokhale Market, Delhi, are involved in a legal dispute. An FIR was lodged against the petitioner for offenses under Sections 376, 328, and 506 of the Indian Penal Code. The petitioner subsequently filed an anticipatory bail plea on May 18, 2024.

ISSUE: When an FIR is lodged under the IPC but the anticipatory bail plea is filed after the enforcement of new criminal laws, should the petition be governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS) or the Code of Criminal Procedure (Cr.P.C.)?

OBSERVATION: The Delhi High Court, under the guidance of Justice Anup Jairam Bhambhani, noted that the procedure for anticipatory bail pleas related to FIRs lodged before the enforcement of new criminal laws should be governed by the BNSS if the plea is filed on or after July 1, 2024. The Court