First FIR filed against street vendor under new criminal laws

Case under Section 285 of the BNS for encroaching space; the Home Ministry says it was for review; the case was later dismissed.
First FIR filed against street vendor under new criminal laws

NEW DELHI: As the three new criminal laws, Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) came into force on Monday, July 1, the Delhi Police began registering FIRs under the newly implemented criminal laws.

The first FIR was lodged in the central Delhi district in the wee hours of Monday under section 285 of the BNS. The said section prosecutes the offender for danger or obstruction in a public way or line of navigation. However, hours later, the Union Home Minister clarified that the cops used the provision to review it and dismissed that case.

It was a street vendor in Central Delhi’s Kamla Market who was booked for encroaching space near New Delhi Railway Station and selling water, cigarettes and other tobacco products.

According to the FIR of the incident, accessed by this newspaper, a Sub-Inspector was patrolling in the aforesaid area when he saw the street vendor blocking the public way following which he asked him multiple times to move aside but the alleged person did not pay any heed to his requests.

“I then took out my mobile phone, recorded a video of the incident, and uploaded it on the E-Praman Application,” the complaint by the SI read. The street vendor was then subsequently booked.

Notably, as per the new law, the evidence collection process at the crime scene has to be mandatory video-graphed to prevent evidence tampering.

An interesting addition to the law is that in the event of an arrest, the individual has the right to inform a person of his choice about their situation. This will ensure immediate support and assistance to the arrested individual.

Besides, arrest details will now be prominently displayed within police stations and district headquarters, allowing families and friends of the arrested person easy access to important information. To strengthen the case and investigations, it has become mandatory for forensic experts to visit crime scenes for serious offences and collect evidence.

All in all, several Delhi Police officers told this newspaper that they did not face any major problem on the first day of the implementation of new laws. However, maintained that it is a continuous process of learning.

Noida

The Noida Police on Monday registered its first FIR under provisions of the new criminal code Bharatiya Nyaya Sanhita for cheating and forgery, and arrested five people in connection with the case.

The case was lodged at Surajpur police station under the Central Noida police zone, a police spokesperson said.

In a coordinated effort, the SWAT team and Surajpur police apprehended five individuals near the Moser Baer service road for forging documents to secure bail of crime suspects, the official said.

Charges have been filed against them under sections 318(4) (cheating), 338 (forgery of valuable security, will, etc), 336(3) (forgery for cheating), 340(2) (using as genuine a forged document), and 3(5)(act done by several persons with common intention) of the BNS, 2023, the official said.

Ghaziabad

The first FIR under the BNS was over a matter involving attempted theft and assault. The incident had occurred when a young man allegedly tried to break into a house for theft around 1:30 am on Monday. Bal Kishan, a resident of Chiraudi village in the Loni police station area, reported that his family members caught the accused Mudsim, who then assaulted him.

Faridabad

The Faridabad Police registered a case of dowry death on Monday -- the first case of BNS. The case was lodged on the complaint of the father of the victim woman.

New Secitions

Instances of false promise of marriage, gang rape of minors, mob lynching and chain snatching, among others, are reported but the Indian Penal Code did not have specific provisions for dealing with such incidents.

These have been addressed in the BNS, the officials said.

The Code of Criminal Procedure (CrPC) empowers the jurisdictional magistrate to grant police custody up to 15 days in case investigation cannot be completed within 24 hours. However, Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which seeks to replace the CrPC, says police custody of 15 days can be authorised in whole or in parts at any time during the initial 40 or 60 days out of the 60- or 90-day period of judicial custody.

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