BMW case: Cops fumble for answers as court questions application of one BNS provision

Mumbai: The Mumbai police on Monday found itself in a spot with the application of a provision of the Bharatiya Nyaya Sanhita in the BMW-hit-and-run incident, among the first high-profile cases under the newly-introduced law that replaced the British-era Indian Penal Code.

A woman was killed and her husband injured in Worli early Sunday morning after their two-wheeler was hit from the rear by a BMW, which was being allegedly driven by the son of Palghar Shiv Sena leader Rajesh Shah. Shah, his absconding son and main accused Mihir Shah as well as their family driver Rajrishi Bidawat were charged under provisions of BNS, including sections 105 (culpable homicide not amounting to murder) and 238 (destruction of evidence).

During the remand hearing of Rajesh Shah earlier in the day, Chief Metropolitan Magistrate SP Bhosale, among other queries, posed questions to the investigating officer on the rationale behind applying section 105 of the new law.

When the IO and other police personnel started fumbling with answers, the magistrate passed a copy of the BNS and asked them to go through the section in question.

The court then asked the prosecution to take a five-minute break and answer its queries. However, even after the break, the police could not come up with a concrete response to the magistrate's queries. The court was adjourned again, but with the magistrate's remarks that the police ought to do their "homework" and come prepared. Fifteen minutes later, the prosecution submitted a handwritten note terming it as additional remand, which the court took on record and the hearing resumed.

Chief Metropolitan Magistrate (Sewree) SP Bhosale remanded Rajesh Shah in 14-day judicial custody and sent Bidawat to one-day police custody. Rajesh Shah was remanded in judicial custody after the court observed that Bharatiya Nyaya Sanhita (BNS) section 105 (culpable homicide not amounting to murder) did not apply to him.

The defence, represented by advocate Sudhir Bhardwaj said the charge of culpable homicide was not applicable on Rajesh Shah since he was not driving the car nor was he present at the spot.

Rajesh Shah was later granted bail.