Gurugram Police: BNS Attempted Murder Charges in Sia Biker Case

• Kalyan Bainsla was arrested in Dausa, Rajasthan, after a 50-hour manhunt for allegedly hitting a woman biker, Sia, on Golf Course Road in Gurugram.
• Gurugram Police added charges of attempt to murder (Section 109 BNS), stalking (Section 78 BNS), and acts against the modesty of a woman (Section 79 BNS) to the case.
• Police took *suo motu* cognisance based on Sia's Instagram video, which showed a car swerving towards and hitting her motorcycle.
• The accused's family claims the incident was an accident, alleging the bikers were provoking Bainsla.
• Bainsla reportedly attempted to escape custody after his arrest, sustaining minor injuries.

This incident serves as a significant illustration of how new legal provisions, particularly under the Bharatiya Nyaya Sanhita, are being applied in real-world scenarios, with social media evidence playing a crucial role in initiating police action.

Kalyan Bainsla, the driver accused of hitting a woman sports bike rider on Gurugram's Golf Course Road, was apprehended in Dausa, Rajasthan, following an extensive 50-hour manhunt. The arrest, confirmed by Gurugram Police Commissioner Sibash Kabiraj, occurred on Tuesday, September 15, after three police teams were deployed to trace Bainsla, who had reportedly switched off his phone and absconded following a media interview.

The incident involved a woman, identifying herself as Sia, who alleged in an Instagram video that Bainsla had chased her while she was riding her Aprilia motorcycle with a group. She claimed he made gestures for her to stop, appeared intoxicated, and uttered indecent comments. The video, captured by a camera mounted on her bike, depicted a Ciaz car swerving towards and ultimately striking her motorcycle, causing her to be thrown off and her bike to skid for approximately 100 meters. Sia later posted another video addressing claims made by the accused's family.

In a significant development, Gurugram Police have added serious charges under the recently enacted Bharatiya Nyaya Sanhita (BNS) to the case. These include Section 109 BNS, pertaining to attempt to murder, which carries a potential imprisonment of up to 10 years. Additionally, Section 78 BNS, related to stalking, and Section 79 BNS, concerning acts against the modesty of a woman through words or gestures, have also been invoked.

This escalation of charges followed the police taking *suo motu* cognisance of Sia's Instagram video. The investigation, which commenced with the registration of an FIR at Sector 56 police station on Monday, has actively utilized various forms of evidence, including action camera footage, CCTV recordings, and the crucial Instagram video evidence. Police are also in the process of recording Sia’s detailed statement, supplementing a written statement previously submitted by her family to the Station House Officer.

Advocate Naveen Bainsla, representing the accused's family, has vehemently denied the allegations, characterizing the incident as a mere accident. According to the defense, the bikers were provoking Kalyan Bainsla, making gestures as if inviting him to race. It is claimed that Bainsla slightly increased his car's speed to move ahead, subsequently lost control, and the vehicle merely 'touched' the motorcycle near a U-turn, dismissing any intentional wrongdoing.

Following his arrest, Kalyan Bainsla reportedly attempted to evade custody. Police stated that he tried to escape under the pretext of needing to urinate, during which he fell and sustained minor injuries, necessitating first aid at a hospital. Bainsla, a resident of Chandhat in Palwal district, is identified as a gym owner and realtor. His cousin, Lavnish, has also been arrested in connection with the incident.

The investigation into the Gurugram Sia biker case BNS charges remains ongoing, with authorities committed to a thorough inquiry. Haryana Minister Gaurav Gautam has publicly assured that stringent action will be taken against anyone found culpable, emphasizing that no individual, regardless of their background, will be spared if guilt is established.

This incident serves as a significant illustration of how new legal provisions, particularly under the Bharatiya Nyaya Sanhita, are being applied in real-world scenarios, with social media evidence playing a crucial role in initiating police action. The Gurugram Police's swift response and the application of BNS sections, including Section 109 BNS for attempt to murder and BNS stalking charges Section 78, underscore a precedent for how such high-profile cases, often brought to light by digital platforms, will be prosecuted under the evolving legal framework.

This case illustrates the practical application of new sections of the Bharatiya Nyaya Sanhita (BNS), specifically Sections 109 (attempt to murder) and 78 (stalking), by law enforcement in a high-profile incident. Lawyers and compliance officers should note how social media evidence (Instagram video) is being used for *suo motu* cognisance and the subsequent escalation of charges, indicating a precedent for how such incidents will be prosecuted under the new legal framework.

Source: Original reporting via Times of India and Economic Times