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Tuesday, July 16, 2024

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First case file under New Criminal code in Delhi:

Image Source: NDTV

Today marked the implementation of India’s new criminal code, Bharatiya Nyay Sanhita, ushering in a significant shift in the country’s legal landscape. Among the first instances under this new framework was the filing of an FIR against a street vendor near New Delhi Railway Station. The vendor, identified as Pankaj Kumar from Bihar, was accused under Section 285 of obstructing public passage with his roadside stall, which impeded traffic flow and posed risks to public safety.

The incident unfolded when a patrolling police officer noticed the obstruction late at night. Despite repeated warnings to relocate his stall, the vendor persisted, prompting the police to take formal action. The FIR, documented using the e-praman application, detailed the vendor’s refusal to comply with instructions to clear the roadway under a foot overbridge.

This development coincides with the broader rollout of three new criminal codes, namely Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. These statutes replace the antiquated Indian Penal Code, Indian Evidence Act, and the Code of Criminal Procedure, aiming to modernize legal practices and expedite judicial processes. Key reforms include stringent timelines for trials and framing charges, aiming for judgments within 45 days post-trial completion and charge framing within 60 days of the initial hearing.

Union Home Minister Amit Shah defended the overhaul as a crucial step towards delivering swift and equitable justice. However, opposition voices, notably from the Congress Party, criticized the reforms, citing concerns over the hurried implementation without adequate public consultation.

In essence, the inaugural FIR under the new code underscores the enforcement of stricter norms to uphold public order and safety. As India transitions towards these revamped legal frameworks, debates persist over balancing expediency with due process and ensuring comprehensive stakeholder engagement in future legislative reforms.

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