First Case Under New Criminal Code Filed Against Street Vendor In Delhi

As the new criminal code, Bharatiya Nyay Sanhita, came into force today, 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.”

The FIR was filed after a police personnel on patrol duty last night spotted the street vendor selling water bottles and gutkha on the road. His makeshift stall had obstructed the road and he was repeatedly asked to move it. When he did not, the police personnel moved to register an FIR.

The copy of the FIR, which is with NDTV, states 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-praman application,” the FIR says.

The man has been identified as Pankaj Kumar from Patna in Bihar.

Three new criminal codes — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam — have come into force today. They will replace the colonial-era Indian Penal Code, Indian Evidence Act and the Code of Criminal Procedure.

The criminal codes have been changed with an objective of ensuring speedy justice and to tackle new kinds of crime. Judgments are now required within 45 days of completion of trial and charges must be framed within 60 days of first hearing.

Union Home Minister Amit Shah has said the change was made to ensure “speedy justice and justice to all”. The Opposition parties, including the Congress, say the decision to implement the new criminal laws has been taken in haste.