NewDelhi: The Delhi Police have filed a first information report against Congress’s Rahul Gandhi for Thursday’s physical confrontation inside the Parliament but have left out the attempted murder charge that the BJP MPs wanted. The case has been filed under various sections of the Bharatiya Nyaya Sanhita however it has been enacted as the new criminal code of India.
The event took place close to Parliament’s Makar Gate, which is the entrance the BJP MPs claimed Gandhi’s pushing left two of their colleagues seriously injured. After the ruckus, the local BJP leaders went to the police station and sought action under the BNS sections 109, 115, 117, 125, 131, 351.
Even though police omitted section 109 to the final FIR, they cling to other grave charges. The registered sections include:
Section 115: Voluntary causing hurt, amounts to an imprisonment of up to one year along with a fine of ₹10,000.
Section 117: Voluntarily causing grievous hurt, attracts a maximum of seven years imprisonment.
Section 125: Breach of personal security and comfort, offending the law attracts six months to three years imprisonment.
Section 131: Criminal force, which attracts a maximum of three months imprisonment and an only fine of ₹1000
Section 351: Criminal intimidation, for which it attracts up to a two-year gaol term.
Section 3(5) has also been cited which provides that all members of a group are joint and severable liable for criminal conduct of a member.
The charges can be described as a dramatic increase of political confrontation which surrounded Parliament over the past days. According to legal lawyers, some offences are bailable while others are non bailable, but the latter may be bailed under exceptional circumstances depending on the gravity of the crime such as Section 117.
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