New criminal law in force: In Uttar Pradesh, first FIR under BNS lodged in Amroha

As three new criminal laws replaced the colonial era Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act, the first FIR under Section 106 of Bharatiya Nyaya Sanhita (BNS) 2023 for causing death due to negligence was lodged at Rehra police station of Amroha in Uttar Pradesh.

Besides Bharatiya Nyaya Sanhita (BNS), 2023, the new laws include Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Adhiniyam (BSA), 2023.

The first FIR was lodged by Amroha resident Sanjay Singh at 9.51am on Monday. The complainant mentioned the names of the two accused Rajveer alias Rajju and Bhoop Singh alias Bholu of his village Dhakiya Khadra for letting electric current pass through the fencing done by them around their agricultural field that resulted in the death of his father Jagpal Singh.

He said his father came in “the range” of the fence while working at his field adjoining the farm of the two accused.

Earlier, Section 304-A IPC covered death due to negligence.

“We had been provided proper training about the three new laws that came into existence from today and there is no issue in registering the FIR under appropriate sections as every police station has been provided a handbook comparing the old IPS and the new BNS sections,” said Rehra police station sub-inspector Praveen Kumar, the investigation officer (IO) of the case. “We were prepared to initiate action under the new laws well in advance,” he said.

The second FIR under Section 97 of BNS 2023 was lodged at Baradari police station of Bareilly at 10.17 am on Monday. The FIR was lodged by Sushil Kumar, resident of Sungadi village in Pilibhit district, against unidentified persons for kidnapping his child from Apollo hospital of Bareilly where he was undergoing treatment for the past three days since June 28. The complainant mentioned in the FIR that the hospital authorities informed him that his son was missing from his bed at around 6am on Monday after which he approached the police.

Earlier, Section 369 of IPC dealt with instances of kidnapping of a child below 10 years of age.

“Registering FIRs will not be an issue. There is not much change in the investigation process, but the major challenge will be to go according to the new sections of BNSS and BSA as it has a time-bound investigation (and) mandates a certain mechanism to be followed while investigating the FIR under certain sections,” said sub-inspector Vipin Kumar, the IO of the case.

The third FIR under Sections 305(a) and 331(4) of BNS 2023 was lodged at Shamsabad police station of Agra at 10.44 am on Monday. The FIR was lodged by Bhuri Singh, resident of Tula Tiwaria village under Shamsabad police station of Agra. He mentioned in the complaint that unidentified people sneaked into his house and committed theft of valuables and cash in the intervening night of Sunday and Monday when he was asleep.

Earlier, IPC Section 380 covered house theft and Section 457 criminal house trespass.

Similarly, the first FIR Non-Cognizable Report (NCR) under BNS Section 352 for using abusive language was lodged against three persons at Baberu police station of Banda at 7am on Monday.

In the NCR, the complainant, Kamta Prasad Upadhyaya, accused one Sampat and his two sons Matganjan and Shiv Mangal of using abusive and insulting language when they disturbed the boundary of his farming field on Sunday night. Earlier, the offences under this BNS Section were dealt with by Section 504 IPC.

BOX

All arrangements made

for implementation

of new laws: DGP

Director general of police (DGP) Prashant Kumar said: “Arrangements were made by the Uttar Pradesh police for the implementation of the new criminal laws. The technical wing of the police has completed networking arrangements and provided the necessary software. The first three FIRs under the new laws were lodged in districts Amroha, Bareilly and Agra. A special event is being organised in all police stations to apprise the public representatives, police personnel and local people of the new laws.”

Kumar also said the three new laws are more focused on providing justice to the victim, and not punishment to accused, in a time-bound manner and they have lessened the discretion of the investigation agencies.

He said the intent behind these laws is to provide justice within three years and get rid of cases pending for several years in a very “transparent and genuine manner.” He said these laws are aimed at easing the legal process and increasing the conviction rate to 90%.

The DGP said training for the three new laws for IPS and PPS officers has been completed cent per cent while training for 97.5% inspectors, 92% sub-inspectors and 93% head constables and constables have already been done. He said the remaining police personnel will be trained in another two-three days. Besides, a handbook has been provided to them to consult while registering FIR and conducting the investigation.