One of first FIRs registered under new criminal laws (BNSS) in Delhi

As the Bhartiya Nagrik Suraksha Sanhita (BNSS) takes effect in India, July 1 onwards, one of the first FIR’s were registered in Delhi under Section 173 of the Act.

As per the information stated in the FIR, a street vendor has been charged under Section 285 of the Bharatiya Nyaya Sanhita (BNS). The offence he is accused of is obstruction of a foot over bridge at New Delhi Railway Station, while vending tobacco products and water. His cart was positioned near the main road, obstructing the inconveniencing the passerby.

Even though he was requested by the patrolling police officers to relocate his cart, he refused to follow the instructions.

From July 1 onwards, all FIRs are to be filed under the provisions of BNSS and BNS. However, this does not affect the cases registered before July 1 as those will continue to be tried under the old criminal laws i.e. the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act until disposed finally.

BNS consists of only 358 sections, as compared to 511 in the Indian Penal Code. It replaces the British era IPC and introduces 21 new crimes. Not only this, imprisonment duration has also been increased for 41 crimes and fines for 82 crimes. It has also introduced community service as a penalty for 6 crimes and a minimum punishment for 25 crimes. Nineteen section from the previous Act have been completely removed.

BNSS, the replacement for Code of Criminal Procedure, has 531 sections as against the earlier 484 sections. Around 177 section have been changed, 9 sections and 39 sub-sections have been added. Fourteen sections have been deleted.

BSA (Bharatiya Sakshya Abhiniyam) is replacing the Indian Evidence Act. The new Act has 170 sections as compared to the earlier 166 sections.

The new laws - BNS, BNSS and BSA have been implemented from July 1 2024, six months after the enactment.