As three new criminal laws came into effect in the country on Monday, July 1, 2024. The first FIR was filed against a street vendor for obstructing a road near the New Delhi Railway Station. The FIR was filed under Section 285 of the new criminal code that 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 five thousand rupees.”
According to the FIR, the accused has been identified as Pankaj Kumar, a resident of Barh, Bihar. The accused was allegedly selling water and tobacco near the main road in the Kamla Market area, which caused hindrance and disturbance. Reportedly, he ignored removing the cart when patrolling officers asked him to do it, leading to an FIR lodged against him.
NDTV reports that the street vendor had parked his stall near under a foot over bridge near New Delhi Railway Station late last night. “The man was selling water, bidi and cigarettes on the street and the obstruction was causing difficulty for the public. The sub-inspector asked the man several times to remove the stall from the road, but he did not comply. The sub-inspector asked several passers-by to join the probe, but they refused. Then the sub-inspector shot a video using the e-pramaan application,” the FIR says
According to the details, the man has been identified as Pankaj Kumar from Patna, Bihar.
The New Criminal Codes
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.
Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita has 358 sections. 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 Bharatiya Nyaya Sanhita, 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 The penalty for community service has been introduced in six crimes, and 19 sections have been repealed or removed from the Act.
Bharatiya Nagrik Suraksha Sanhita
Bharatiya Nagrik Suraksha Sanhita has 531 sections (in place of 484 sections CrPC). A total of 177 provisions have been changed in the Sanhita and nine new sections as well as 39 new sub sections have been added to it. The act has added 44 new provisions and clarifications. Furthermore, timelines have been added to 35 sections and audio provisions have been added at 35 places. A total of 14 sections have been repealed and removed in the Sanhita.
Bharatiya Sakshya Adhiniyam
Bharatiya Sakshya Adhiniyam will have 170 provisions, instead of the original 167 provisions, and a total of 24 provisions have been changed. Two new provisions and six sub provisions have been added and six provisions have been repealed or deleted in Adhiniyam.
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.
Political Reaction
Union Home Minister Amit Shah has said the change was made to ensure “speedy justice and justice to all”. However, the Opposition parties, including the Congress, say the decision to implement the new criminal laws has been taken in haste.
Slamming the move, Senior Congress leader and noted lawyer Abhishek Manu Singhvi said and The Indian Express
“While there may be a few individual changes which may be desirable, this is certainly not an attempt to make tailored, specific changes. It is part of the larger gameplan to change things for the sake of leaving your new imprint, of turning to each segment of society and suggesting that everything in the past — social, legal, cultural, political — is bad and needs the new Modi stamp,”
The DMK hit out at the Centre, saying the use of “Bharatiya” instead of “India” in the new Bills shows how much the BJP “is afraid of ‘India'”, alluding to the name of the 26-party Opposition bloc INDIA, as reported by The Indian Express
