New criminal law: Street vendor booked in first FIR

| | New Delhi
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New criminal law: Street vendor booked in first FIR

Tuesday, 02 July 2024 | Staff Reporter | New Delhi

As the three criminal laws came into force on Monday, Delhi Police registered its first FIR under provisions of the new criminal code Bharatiya Nyaya Sanhita (BNS) against a street vendor for allegedly obstructing a public way in central Delhi's Kamala Market.

Addressing a press conference, Union Home Minister Amit Shah stated the Delhi's case was not the first FIR registered in the country. He said the first case under the new laws was about a motorcycle theft registered in Madhya Pradesh's Gwalior at 10 minutes past midnight. He also said the Delhi Police "dismissed" the case filed against a street vendor after an investigation. "By using the provisions of review, police have dismissed this case," he told the media.

The BNS, the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) replaced the colonial-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.

Delhi Police sources said that they will initiate the process of cancelling the FIR registered against the street vendor and will have to inform the court for formally cancelling the FIR. The FIR was registered under Section 285 of the BNS which states, "Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to Rs 5,000."

Police said 23-year-old Pankaj Kumar, a native of Patna, was found selling water, bidi and cigarettes from a cart under a foot overbridge near the New Delhi railway station around 12:15 am. While the patrol officer asked Kumar to move his makeshift cart away from the path as it was hindering people's movement, he ignored the officer's instructions following which a case was registered at 1:30 am. The officer also asked four-five passersby to become witnesses but they refused, the FIR stated. The patrol officer used the e-Pramaan app to record the seizures made. The app, handled by the Delhi Police's Crime Branch, will directly feed the content to police records for further investigation.

In north east Delhi, the first FIR was registered at the Seelampur police station, under clause 109 (1), over a gun firing incident that led to the injury of a 30 year old e-rickshaw driver. According to the clause 109 (1), “ Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.” In east Delhi district, the first case was registered under section 303 (2) of BNS in Shahdara over theft of a mobile phone by an auto driver who forcibly stole it from his passenger and fled away. According to officials, two cases under the BNS were also registered in Delhi’s Outer district including one regarding an accident in Nihal Vihar and an encroachment case in Mangol Puri.

The Delhi Police has imparted training to its 30,000 personnel, from the ranks of assistant sub-inspectors and inspectors to assistant commissioners and deputy commissioners, who are responsible for registering FIRs and conducting investigations. The force was among the first in the country to start training personnel on the new criminal laws, the officials said. Meanwhile, Delhi Police chief Sanjay Arora said the force has started registering FIRs under the three new laws.

He told reporters during the Delhi Police's Commissionerate Day celebrations at Kingsway Camp that the force was fortunate the new laws came into force on this day.  "We are fortunate as today is our Commissionerate Day and, on the same day, these laws are being implemented," Arora said.

The Noida Police on Monday registered its first FIR under provisions of the new criminal code BNS 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.

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