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Mumbai: ‘New laws open to misuse’

One month after three new criminal Acts were introduced, senior advocate and one of the architects of MCOCA punches some serious holes in their efficacy

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On 29 July, the BMC cleared illegal street hawkers from Mahatma Phule Market area, and many of them, including licensed hawkers, have been booked under the new BNS Section 112 which includes charges of organised crime. Pic/Ashish Raje

On 29 July, the BMC cleared illegal street hawkers from Mahatma Phule Market area, and many of them, including licensed hawkers, have been booked under the new BNS Section 112 which includes charges of organised crime. Pic/Ashish Raje

It’s been just over a month since the specialised laws under the Bhartiya Nyaya Sanhita (BNS), 2023 were enforced, and while teething troubles were expected, concerns have turned graver. On July 30, mid-day reported how the LT Marg police cleared hawkers at Crawford Market by charging them under BNS Section 112 (Hawkers in Crawford Market booked for petty organised crime), which includes petty and organised crime. 

A few legal hawkers have also been swept up in the net, and expectedly, they are now considering legal action. President of the Azad Hawkers’ Association Dayashankar Singh, whose union has 22,000 members, said, “The police are acting without verifying who is eligible and who is not. The BNS section is being used to prosecute us.” 

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