First Case Filed Under New Criminal Code “Bharatiya Nyaya Sanhita” in Delhi

The Bharatiya Nyaya Sanhita (BNS), India’s new criminal code, saw its first case registered on July 1st in Delhi’s Kamla Market Police Station, according to ANI news agency. This marks a significant shift in the country’s legal landscape, as the BNS replaces the Indian Penal Code (IPC) which had been in place for a long time.

The case involves a street vendor, Pankaj Kumar from Barh, Bihar. He was booked under Section 285 of the BNS for obstructing pedestrian movement and conducting sales under a footbridge near the New Delhi Railway Station’s main road. The FIR alleges that Kumar ignored requests from patrolling officers to move his cart, prompting them to register a case.

The BNS, along with the Bharatiya Sakshya Adhiniyam (replacing the Indian Evidence Act) and the Nagrik Suraksha Sanhita (replacing the Code of Criminal Procedure), marks a comprehensive overhaul of India’s criminal justice system.

Key Changes Introduced by the BNS:

  • Increased Scope: The BNS includes 20 new offenses and harsher penalties for 33 existing ones compared to the IPC.
  • Enhanced Fines: Fines have been increased for 83 offenses under the BNS.
  • Mandatory Minimum Sentences: The BNS introduces mandatory minimum punishments for 23 crimes.
  • Community Service: Community service is now a sentencing option for six offenses.
  • Modernization: Provisions like Zero FIR (filing FIR at any police station), online complaint registration, electronic summons (SMS), and mandatory videography of heinous crime scenes aim to streamline the justice system.

Transition and Existing Cases:

While all new FIRs will be filed under the BNS from July 1st onwards, older cases will continue under the previous legal framework until their final disposal.

This development signifies a new era for India’s criminal justice system, focusing on modernization and potentially harsher penalties for specific offenses.

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