Delhi Police’s landmark case: First FIR in any UT under new law for wrong-side driving

The FIR was lodged at the Delhi Cantt Police Station on January 3, based on a complaint from Assistant Sub-Inspector Sunil Kumar. (Photo: X/@Indian_Index)

• Delhi Police filed first criminal case under BNS for wrong-side driving
• Section 281 of BNS invoked, allowing up to 6 months jail or Rs 1,000 fine
• Accused granted bail; case sets precedent for stricter traffic law enforcement

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In a legal first for any Union Territory, Delhi Police have registered a criminal case against a motorist for driving on the wrong side of the road, deploying a newly enacted section of the Bharatiya Nyay Sanhita (BNS). The case marks a significant escalation in the enforcement of traffic laws in the national capital.

The First Information Report (FIR) was lodged at the Delhi Cantt Police Station on January 3, based on a complaint from Assistant Sub-Inspector Sunil Kumar. The accused, identified as Aman from Shahjahanpur in Uttar Pradesh, was allegedly driving against the flow of traffic near the Hanuman Mandir red light at approximately 4.45 pm that Sunday, as reported by News18.

According to the police report, the man was found to be driving without a valid licence and without vehicle insurance. The legal action, however, was specifically initiated under Section 281 of the BNS, which pertains to rash or negligent driving on a public way that endangers human life.

The invocation of Section 281 is notable as the BNS, which replaced the Indian Penal Code, came into effect only on July 1, 2023. The section stipulates a penalty of up to six months’ imprisonment, a fine of up to Rs 1,000, or both for offenders. The move is seen as a strategic effort by authorities to deter hazardous road behaviour through stricter legal recourse beyond mere fines.

Despite the FIR, the accused was subsequently granted bail. Police officials clarified that the charges against him fell under the bailable provisions of the new Sanhita.

This inaugural FIR under the BNS for a traffic violation signals a potential shift in how serious traffic infractions are handled in Delhi. Legal experts suggest it sets a precedent, indicating that dangerous manoeuvres like wrong-side driving could now lead to criminal records rather than only compounded fines or challans.