Mumbai: The Mumbai Police on Monday found itself in a fix with the application of a Bharatiya Nyaya Sanhita provision in the BMW hit-and-run incident, one of the first high-profile cases under the newly introduced law that replaced the Code British-era Indian prison.
A woman was killed and her husband injured in Worli early Sunday morning after their two-wheeler was hit from behind by a BMW, allegedly driven by Palghar Shiv Sena leader Rajesh Shah's son.
Shah, his fugitive son and main accused, Mihir Shah, as well as his family's driver, Rajrishi Bidawat, were charged under the provisions of the BNS, including sections 105 (culpable homicide not amounting to murder) and 238 (destruction). of tests).
During Rajesh Shah's remand hearing on the same day, Chief Metropolitan Magistrate SP Bhosale, among other questions, posed questions to the investigating officer on the reasons behind the application of section 105 of the new law.
When the IO and other police personnel started searching for answers, the magistrate handed them a copy of the BNS and asked them to check the section in question.
The court then asked the prosecution to take a five-minute break and answer its questions.
However, even after the break the police could not give a concrete answer to the magistrate's questions. The court was again adjourned, but with the magistrate's observation that the police should do their "homework" and come prepared.
Fifteen minutes later, the prosecution presented a handwritten note describing it as additional preventive detention, which the court took note of and the hearing resumed.
Chief Metropolitan Magistrate (Sewree) SP Bhosale remanded Rajesh Shah in judicial custody for 14 days and sent Bidawat to police custody for one day.
Rajesh Shah was remanded in judicial custody after the court observed that section 105 of Bharatiya Nyaya Sanhita (BNS) (culpable homicide not amounting to murder) did not apply to him.
The defense, represented by advocate Sudhir Bhardwaj, said the charge of culpable homicide was not applicable to Rajesh Shah as he was neither driving the car nor present at the scene.
Rajesh Shah was later granted bail.
A woman was killed and her husband injured in Worli early Sunday morning after their two-wheeler was hit from behind by a BMW, allegedly driven by Palghar Shiv Sena leader Rajesh Shah's son.
Shah, his fugitive son and main accused, Mihir Shah, as well as his family's driver, Rajrishi Bidawat, were charged under the provisions of the BNS, including sections 105 (culpable homicide not amounting to murder) and 238 (destruction). of tests).
During Rajesh Shah's remand hearing on the same day, Chief Metropolitan Magistrate SP Bhosale, among other questions, posed questions to the investigating officer on the reasons behind the application of section 105 of the new law.
When the IO and other police personnel started searching for answers, the magistrate handed them a copy of the BNS and asked them to check the section in question.
The court then asked the prosecution to take a five-minute break and answer its questions.
However, even after the break the police could not give a concrete answer to the magistrate's questions. The court was again adjourned, but with the magistrate's observation that the police should do their "homework" and come prepared.
Fifteen minutes later, the prosecution presented a handwritten note describing it as additional preventive detention, which the court took note of and the hearing resumed.
Chief Metropolitan Magistrate (Sewree) SP Bhosale remanded Rajesh Shah in judicial custody for 14 days and sent Bidawat to police custody for one day.
Rajesh Shah was remanded in judicial custody after the court observed that section 105 of Bharatiya Nyaya Sanhita (BNS) (culpable homicide not amounting to murder) did not apply to him.
The defense, represented by advocate Sudhir Bhardwaj, said the charge of culpable homicide was not applicable to Rajesh Shah as he was neither driving the car nor present at the scene.
Rajesh Shah was later granted bail.
