Amit Shah clarifies: first FIR under new criminal laws not filed against street vendor

The Delhi Police have dismissed a case registered against a street vendor under the new criminal code, the Bharatiya Nyaya Sanhita (BNS). Union Home Minister Amit Shah clarified that the first information report (FIR) against the street vendor was not the first case under the new criminal laws. Earlier, media reports suggested that the Delhi Police had filed its first FIR under the BNS against a street vendor for allegedly obstructing a public way in Kamala Market. However, Amit Shah explained that the police dismissed the case using the provisions of review.

First FIR under new Criminal Laws

The new criminal laws, including the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA), replaced the old Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. These laws came into effect on Monday, bringing significant changes to India's criminal justice system. Amit Shah announced that the first FIR under these new laws was actually about a motorcycle theft registered in Gwalior, Madhya Pradesh, at 10 minutes past midnight.

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The Congress party criticized the initial FIR against the street vendor, with Jairam Ramesh condemning the action and pointing out that the vendor was simply earning his livelihood. The vendor, 23-year-old Pankaj Kumar from Patna, was selling water and tobacco products from a cart near the New Delhi Railway Station, which allegedly obstructed a public way.

Process to cancel the FIR

The Delhi Police will start the process of formally canceling the FIR against Pankaj Kumar. The FIR, filed under Section 285 of the BNS, stated that Kumar ignored a patrol officer's instructions to move his cart, leading to the case's registration. The patrol officer used the e-Pramaan app to record the incident, which feeds directly into police records for further investigation.

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The police will need to inform the court to formally cancel the FIR. Amit Shah's clarification and the subsequent dismissal of the case highlight the new review provisions under the BNS, ensuring that minor offenses like the street vendor's case can be reassessed and dismissed if necessary. This approach aims to prevent unnecessary legal actions against individuals for minor infractions.