BMW crash: Mumbai cops fumble over new BNS provisions; Do homework, says court

BMW crash: The defence 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.

Published on: Jul 8, 2024, 22:57:49 IST

By HT News Desk

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The Mumbai police found themselves in quite the pickle on Monday, grappling with the application of the Bharatiya Nyaya Sanhita (BNS) in the high-profile BMW hit-and-run case. This incident is one of the first to fall under the new law, which has replaced the antiquated Indian Penal Code from the British era.

Worli hit and run case BMW car standing at premises of worli police station and police official inspecting car at parking stand of worli police station, at Worli, in Mumbai, India, on Sunday, July 07, 2024. (Photo by Bhushan Koyande/HT Photo)

Mumbai BMW hit-and-run case

A woman died in Mumbai's Worli area on Sunday morning when her two-wheeler was struck by a BMW, according to police. The car was allegedly driven by absconding Mihir Shah, the son of CM Eknath Shinde's Shiv Sena leader Rajesh Shah. Shah and his family driver Rajrushi Bidawat were returning home from a long drive at Marine Drive.

ALSO READ- BMW accident in Mumbai: Who is Mihir Shah, Shiv Sena leader's absconding son?

‘How BNS section 105 applied to Rajesh Shah?’ Court asks

Rajesh Shah, Mihir Shah and their family driver, Rajrishi Bidawat, faced charges under several provisions of the BNS, including section 105 (culpable homicide not amounting to murder) and section 238 (destruction of evidence).

During Rajesh Shah's remand hearing, chief metropolitan magistrate SP Bhosale had several questions for the investigating officer about the decision to apply section 105.

When the officers began to stumble over their responses, the magistrate handed them a copy of the BNS and advised a closer look at the pertinent section. The court then took a five-minute recess to allow the prosecution to gather their thoughts.

However, even after this brief intermission, the police were unable to provide a satisfactory explanation to the magistrate. With a remark about needing to do their "homework," the magistrate adjourned the court once more. Fifteen minutes later, the prosecution returned with a handwritten note, labelled as additional remand, which was accepted.

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Rajesh Shah was remanded to custody but later granted bail

Rajesh Shah was remanded in 14-day judicial custody and sent Bidawat to one-day police custody.

However, in remand order court observed that Bharatiya Nyaya Sanhita (BNS) section 105 (culpable homicide not amounting to murder) did not apply to him. The defence said the charge of culpable homicide did not apply to Rajesh Shah since he was neither driving the car nor was he present at the spot. Rajesh Shah was later granted bail.

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HT News Desk
Follow the latest breaking news, major developments and agenda-setting stories from India and around the world with the newsdesk at Hindustan Times. Operating round the clock, the desk brings together experienced editors, reporters and correspondents to deliver fast, accurate and contextual reporting across subjects that influence public policy, governance, business, society and international affairs. The HT News Desk covers politics, elections, government policies, the economy, business and markets, science and technology, the environment, law and order, infrastructure, education, climate issues and geopolitics, while closely tracking developments across states, institutions and global capitals. The team also leads coverage of major breaking news events, policy announcements, court proceedings, natural disasters, public emergencies and significant international developments. Reports published by the newsdesk are based on information gathered from reporters on the ground, official statements, government agencies, court records, regulatory filings, recognised institutions and other authoritative sources. Stories undergo editorial scrutiny and verification processes to ensure accuracy, fairness and relevance, and are updated as events evolve and additional information becomes available. Whether covering a key political decision in New Delhi, an economic policy shift affecting millions, a landmark court ruling or a major global event, the HT News Desk aims to provide readers with reliable, fact-based journalism that delivers not only the latest developments but also the context and analysis needed to understand their wider implications.Read More

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