The Delhi Police lodged the first case under new criminal law on Monday, with the Kamla Market police station registering an FIR under provisions of the Bharatiya Nyaya Sanhita (BNS) against a street vendor for allegedly obstructing a foot overbridge near New Delhi railway station for sales.
Three new criminal laws -- Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam -- came into effect on Monday, replacing the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.
While the old cases will continue to be handled under the CRPC, IPC and Evidence Act, the FIRs registered from July 1 will be dealt with under the new criminal laws.
According to the Delhi Police, 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 ₹5,000.”
The police got a report of an incident at 12:15 am against a street vendor, accused of obstructing public way to sell goods at a foot overbridge near the New Delhi station.
A patrol officer registered an FIR at 1.30 am after his instructions to the street vendor to clear the public path went unheeded, said the police.
As per the FIR registered, the officer used the e-Pramaan app, which is being encouraged under the new criminal laws, to record the seizures made.
For speedier justice, the app, handled by the Delhi Police’s Crime Branch, will directly feed the content to police records for further investigation, an officer said.
The Delhi Police said it has imparted training to its 30,000 personnel -- from the ranks of assistant sub-inspectors and inspectors to assistant commissioners and deputy commissioners -- responsible for registering FIRs and conducting investigations of cases in the capital city.
Meanwhile, the Bar Council of Delhi requested Union Home Minister Amit Shah to postpone the enforcement of three new criminal laws which aim to modernise India’s legal framework and offer comprehensive justice, especially to women.
In its petition to Amit Shah, the Bar Council of Delhi has said that the three new criminal laws were in “utter disregard to constitutional principles”. “These amendments are in total defiance and utter disregard of Constitutional principles and Hon’ble Apex court verdict,” the letter read.
To illustrate its viewpoint, the Bar said, “enlargement of a period for Police detention from 15 to 60/90 days of New Code, is atrocious and oppressive to say the least.”
“The power to handcuff without court permission sends a signal of state terror amongst public”, it similarly stressed to highlight lacunas.
The BCD letter also flagged that “the Apex Court has held Solitary Confinement as violative of Human Rights but the government has introduced this under the new Code.”
The Bar charged that the Central Government wants to usurp the powers of the Delhi Government to dictate and keep the Public Prosecutor under your thumb.