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First case under new criminal law Bharatiya Nyaya Sanhita registered in Delhi against street vendor

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July 1, 2024

The Delhi Police has filed the first FIR under India’s new criminal code—Bharatiya Nyay Sanhita (BNS)—against a street vendor for obstructing public space near New Delhi Railway Station.

The vendor identified as Pankaj Kumar from Patna, Bihar, was found selling water bottles and gutkha, causing obstruction that impeded public movement.

Under Section 285 of the new criminal code, which came into effect on Monday, the offense pertains to acts or omissions causing danger, obstruction, or injury to any person on a public way.

The FIR states that despite repeated warnings from police personnel on patrol duty last night, the vendor failed to remove his stall situated under a foot-over-bridge, prompting legal action. If proven guilty, the accused, under section 285 of the BNS, is liable to be punished with a fine of Rs 5,000.

The Indian Penal Code (IPC) has been replaced with the Bharatiya Nyaya Sanhita, the CrPC with Nagarik Suraksha Sanhita, and the Indian Evidence Act has been replaced with the Bharatiya Sakshya Adhiniyam.

Twenty new crimes have been added to the Sanhita and the jail sentence for 33 crimes has been increased under the new criminal law. Under the BNS, the fine amount has been increased in 83 crimes and mandatory minimum punishment has been introduced in 23 crimes. The penalty for community service has been introduced in six crimes, and 19 sections have been repealed or removed from the Act.

All fresh FIRs will be registered against the new criminal laws from July 1. However, cases filed earlier will continue to be tried under the old laws till their final disposal.

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