Delhi, July 5, 2024 – The Delhi Police has decided to invoke Section 305 (b) of the Bharatiya Nyay Sanhita (BNS) to register cases of vehicle theft, which carries a punishment of up to seven years. This change aims to address the growing problem of vehicle theft more stringently. Previously, such cases were filed under BNS Section 303, which carries a three-year jail term.
New Legal Framework
The shift to Section 305 (b) is significant as it specifically targets the theft of “any means of transport used for the transport of goods or passengers,” making it a distinct offence under the new laws implemented on July 1. The previous Indian Penal Code (IPC) did not have a separate section for vehicle theft, classifying it under general theft.
Confusion Among Police Stations
SHOs at various city police stations have been invoking Section 303 of BNS based on the corresponding IPC Section 379. However, many officers were unclear about Section 305 (b). An SHO explained, “Section 305 (b), whose corresponding IPC Section is 380, is applied when theft occurs in any kind of dwelling, building, or inside a vehicle or vessel. I think BNS Section 305 (b) talks about theft in a vehicle, not theft of a vehicle.”
An ASI investigating one of the recent vehicle theft cases noted that he followed the prescribed format for IPC and BNS sections provided to him. A senior police officer acknowledged the need to use Section 305 (b) for all vehicle theft cases moving forward. “We will issue directions to all police officers to use Section 305 (b) instead of 303 for vehicle theft cases,” he said.
Recent Theft Cases and Procedures
In the past three days, six bikes and a Kia Seltos have been stolen in Gurgaon, mostly from areas where the owners had parked their vehicles on the street in front of their homes or offices. These incidents occurred in the jurisdictions of Gurgaon City, Sector 10, Sector 29, and Shivaji Nagar police stations.
If BNS Section 305 (b) is invoked, it will significantly increase the police’s workload. The investigating officer will be required to visit the crime scene, videograph it along with a forensics team, and submit the videos to the court. These measures are mandatory for cases punishable with jail terms of seven years or more.
Implementation and Future Actions
Delhi Police sources indicated that they would soon start filing vehicle theft cases under Section 305 (b) of BNS and are awaiting legal opinions and technical fixes on the implementation of this section. Currently, vehicle thefts in Delhi are filed online through an application, with e-FIRs registered at the crime branch police station. An untraced report is sent after 30 days to the vehicle owner to claim insurance.
This new legal framework aims to streamline the process and ensure more rigorous investigation and prosecution of vehicle theft cases, thereby deterring potential criminals and providing better justice for victims.
For more updates on this developing story and other local news, stay tuned to Sarhind Times.
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