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Opposition flags ‘bulldozer justice’ as Delhi, Maharashtra, MP & Odisha file first cases under Bharatiya Nyaya Sanhita

2024-07-01 20:55:02

The Bharatiya Nyaya Sanhita (BNS) came into force on Monday, 1 July, drawing the curtain on the British-era Indian Penal Code. Four cases were registered across India under the new criminal laws: in Madhya Pradesh’s Gwalior, Delhi, Odisha, and Maharashtra’s Sawantwadi.

On Monday, Union Home Minister Amit Shah, while addressing a press conference, said the first case under the new criminal laws was registered in Madhya Pradesh’s Gwalior. It was a case of theft. “Someone’s motorcycle was stolen,” the home minister said.

Also Read | New criminal laws protect rights of victims: Amit Shah

“The case was registered at 12.10 am. As far as the case against a vendor (registered at a police station in Delhi) is concerned, there were provisions for the same earlier, too, and it is not a new provision. Police used the provision to review it and dismissed that case,” Shah added.

The case mentioned by Amit Shah, registered by the Delhi Police on Monday, was its inaugural FIR under the Bharatiya Nyaya Sanhita. This action targeted a street vendor accused of obstructing a public way with a cart at Kamala Market in central Delhi. The vendor allegedly sold water and tobacco products from the cart, prompting law enforcement action.

Also Read | New criminal laws come into effect today: What experts think

In Maharashtra, the Sawantwadi police in Sindhudurg district registered the state’s inaugural FIR under the new Bharatiya Nyay Sanhita, Deputy Chief Minister Devendra Fadnavis announced. The deputy CM did not disclose the details of the case.

A fourth case was also reportedly registered in Odisha. The case was registered at Laxminagar police station in Bhubaneswar.

Bharatiya Nyaya Sanhita comes into effect

Three new criminal laws took effect on Monday, bringing far-reaching changes to India’s criminal justice system. The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) replaced the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively.

Also Read | New criminal laws may create ’confusion’ amid loopholes: Explained

The Bharatiya Nyaya Sanhita introduces 358 sections, fewer than the IPC’s 511, with 20 new offences and enhanced imprisonment terms for 33 crimes. This update aims to strengthen legal frameworks and impose stricter penalties where needed.

Opposition flags’ bulldozer justice’

Opposition parties, including the Congress, criticised the swift implementation of new criminal laws, alleging they were passed hastily without sufficient parliamentary discussion and debate.

“After the political and moral shock in the elections, Modi ji and the BJP are pretending to respect the Constitution, but the truth is that the three laws of the criminal justice system that are being implemented from today were forcibly passed by suspending 146 MPs,” Congress President Mallikarjun Kharge said in a social media post.

Also Read | Three new criminal laws come into force today | 10 points

“INDIA will no longer allow this ‘Bulldozer Justice‘ to run on the Parliamentary system,” he asserted.

Taking to his X handle, senior Congress leader P Chidambaram said, “90-99 per cent of the so-called new laws is a cut, copy and paste job. A task that could have been completed with a few amendments to the existing three laws has been turned into a wasteful exercise.”

Also Read | Bar Council of Delhi urges Amit Shah to delay ’oppressive’ 3 new criminal laws

Trinamool Congress MP Sagarika Ghose also expressed concerns about the new laws. “The BNS, BNSS and BSA laws replacing the Indian Penal Code come into effect today. 1) The offence of ‘Sedition’ has made a backdoor entry–dangerous 2) `Terrorism’ has been defined for the 1st time and made a part of day-to-day criminal offences–VERY dangerous 3) Intrusion into privacy by making “deceit” an offence on promises of marriage by a man to a woman. The new laws are vaguely worded leaving huge scope for the government to snatch away citizens’ lives and liberty. The National Disaster Alliance government led by the “non biological” brings in yet another disaster.”

The Bar Council of Delhi opposed the new criminal laws introduced by the central government, citing concerns about the impact on justice delivery and defiance of Constitutional principles.

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