Kerala’s and Karnataka’s first BNS cases related to rash driving

A 24-year-old biker from Karnataka became the first person in Kerala to be booked under the new criminal code, the Bharatiya Nyaya Sanhita (BNS), on charges of rash driving on Monday (July 1).

In neighbouring Karnataka, the first BNS case was lodged against a car driver for similar alleged offence, this one leading to death.

Charge under BNS

In Kerala, the police at Kondotty station registered the case against Shafi from Madikeri near Kodagu in Karnataka, under Section 281 of the BNS (rash driving or riding on a public way) and Section 194D of the Motor Vehicles Act (penalty for not wearing protective headgear).

The man was found driving with two others on a two-wheeler without a helmet by a police team at Kolathur junction at midnight.

He was intercepted and a case was registered at 12.20 am, Kondotty police SHO A Deepakumar told news agency PTI. After that, he was allowed to go, as it was a bailable offence. However, his bike was seized, police said.

First case in Karnataka

In Karnataka, the first FIR under the new law was registered under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on a complaint by Ravi HS.

The case pertains to “rash and negligent driving”, which caused “death by negligence”.

Ravi accused the driver, Sagar, of Halebeedu in Hassan district of driving the car rashly, due to which the car fell off a bridge near Seege Gate between Hassan city and Halebeedu on Monday morning.

Death by negligence

While Ravi and Sagar escaped due to the airbags, his mother-in-law, who was in the back seat, sustained grievous head injuries. She was declared dead in hospital.

Based on the complaint, police registered a case against Sagar under Sections 106 (death by negligence) and 281 (rash and negligent driving) of the BNS.

The BNS, BNSS, and the Bharatiya Sakshya Adhiniyam (BSA) replaced the colonial-era Indian Penal Code, Criminal Procedure Code, and the Indian Evidence Act, respectively, on Monday.

(With agency inputs)