A Mumbai court reprimanded city police for their lack of preparedness regarding a provision of the newly-enacted Bharatiya Nyay Sanhita (BNS) in the BMW hit-and-run case. This case, involving the death of a woman after a luxury car, allegedly driven by the son of a Shiv Sena leader, struck a two-wheeler, is one of the first high-profile cases under the newly introduced BNS, which replaced the Indian Penal Code (IPC) on July 1.
On Monday, the Mumbai Police faced difficulties when questioned about their application of a specific BNS provision in the BMW hit-and-run case. Mumbai court asked why certain sections had been invoked. The police had applied Section 105 (culpable homicide not amounting to murder) and Section 238 (destruction of evidence). Chief Metropolitan Magistrate SP Bhosale questioned the rationale behind using Section 105.
When asked to explain, the Investigating Officer and other police personnel struggled to provide clear answers. The Magistrate then handed them a copy of the new law and granted a five-minute recess to formulate a response.
Even after the break, the police were unable to present a satisfactory explanation, leading to an adjournment. The Magistrate emphasized that the police should do their “homework” and come prepared. Fifteen minutes later, the prosecution submitted a handwritten note as additional remand information, which the court accepted, allowing the hearing to continue.
Magistrate SP Bhosale remanded Shiv Sena leader Rajesh Shah to 14 days of judicial custody, noting that Section 105 of BNS was not applicable in his case. Advocate Sudhir Bhardwaj, representing the defense, argued that the charge of culpable homicide was not valid since Rajesh Shah was neither driving the car nor present at the scene. Subsequently, Rajesh Shah was granted bail.
Rajesh Shah, his absconding son and primary suspect Mihir Shah, and their family driver Rajrishi Bidawat faced charges under BNS provisions, including Sections 105 and 238. According to the police, Mihir Shah was allegedly driving the BMW when it collided with the two-wheeler in Worli, resulting in the woman’s death.
