Mumbai court challenges police handling of high-profile BMW hit-and-run case under Bharatiya Nyaya Sanhita (BNS) laws

In a significant legal showdown, Mumbai police encountered formidable challenges on Monday while grappling with the application of the newly enacted Bharatiya Nyaya Sanhita (BNS) in the notorious BMW hit-and-run case. This incident marks one of the initial tests under the revamped law, replacing outdated provisions from the British-era Indian Penal Code.

The case unfolded in Worli, Mumbai, where a BMW allegedly driven by Mihir Shah fatally struck Kaveri Nakhwa while she was riding pillion on a two-wheeler with her husband. The tragic incident occurred on Dr. Annie Besant Road early Sunday morning, resulting in Nakhwa being dragged over 2 kilometres by the speeding luxury car, which fled towards the Bandra-Worli Sea Link post-collision.

Following the accident, the accused, Mihir Shah, purportedly abandoned the vehicle and his co-passenger Rajrishi Bidawat near Kala Nagar in Bandra, subsequently evading capture. His father, Rajesh Shah, and Bidawat were later apprehended by Worli police for allegedly aiding Mihir in escaping justice.

The legal complexities intensified as the defence contested the charge of culpable homicide, arguing that Rajesh Shah couldn’t be held accountable as he wasn’t present during the incident nor driving the car. The case underscores the Mumbai police’s struggle to interpret and apply the stringent provisions of the BNS in real-world scenarios.

Analysis:

Political: The application of the BNS in such high-profile cases reflects India’s judiciary’s evolving approach to justice under updated legal frameworks. The court’s demand for clarity in defining legal responsibilities underscores the judiciary’s role in interpreting and enforcing new laws in alignment with public safety and accountability.

Social: The tragic consequences of the BMW crash highlight broader societal concerns regarding road safety, accountability for reckless driving, and justice for victims and their families. Public scrutiny over the enforcement of the BNS underscores the community’s expectations for fair and effective legal recourse in cases of grievous harm.

Economic: While not directly economic, the case’s implications could indirectly affect perceptions of legal stability and governance, potentially influencing investor confidence and public trust in law enforcement and judicial processes.