Mumbai: The Bangur Nagar Police have only issued a notice to the accused, Shweta Shetty-Rathod, in connection with the incident in which a seven-year-old boy suffered severe leg fractures after being run over by her car while playing inside a residential complex in Malad West on October 19.
After registering the FIR, the police later added Section 110 (attempt to commit culpable homicide) of the Bharatiya Nyaya Sanhita (BNS), which is a non-bailable offence. Senior Police Inspector Ravindra Avhad of Bangur Nagar police station said the investigation is still underway.
Incident Caught on CCTV
The incident, captured on CCTV, took place at Interface Heights, behind Infinity Mall. On October 20, the Bangur Nagar Police registered an FIR against the driver, identified as Shweta Shetty-Rathod, an HR consultant, for alleged rash driving.
Activist Cites Legal Provisions
Activist and advocate Abha Singh stated, "Section 110 of the BNS defines the offence of 'attempt to commit culpable homicide' as any act done with intention or knowledge that under such circumstances, if that act caused death, he would be guilty of culpable homicide not amounting to murder. As per the first schedule to the Bhartiya Nagarik Suraksha Sanhita, 2023, an offence under Section 110 of the BNS is cognizable, non-bailable and triable by a court of session. It is punishable with imprisonment for three years or a fine, or both. In my opinion, since the victim was a small child, there was a grave risk that the car would cause the victim's death. Since the child suffered a grievous fracture, the police are justified in adding Section 110 of the BNS to the FIR."
Boy’s Family Alleges Rash Driving
According to the FIR, the complainant, Mahua Majumdar, 45, is a resident of Interface Heights. She has seven-year-old twin sons, Anvay and Avyan. On the day of the incident, both children went out to play around 5 p.m. in the building compound along with four to five other children. While they were playing, Shetty-Rathod allegedly drove her car rashly and ran over Anvay’s left leg.
CCTV Captures the Incident
The CCTV footage shows the horrifying moment when the boy was struck. Majumdar told the police that around 5:30 p.m., her other son, Avyan, called her via intercom and said, “Anvay’s leg has been crushed.” She and her husband, Anshuman, rushed to the spot and found their son sitting on the ground in pain, with a severely injured leg. The accused driver, Shweta Shetty-Rathod, is the wife of the building’s secretary, Sanjay Rathod.
Child Undergoing Treatment
Anvay was initially taken to a nursing home in Evershine Nagar, Malad West, where doctors advised shifting him to Kokilaben Hospital, Andheri West, for advanced treatment. There, doctors confirmed fractures in his left ankle and shin, requiring surgery. He is currently undergoing treatment.
Police Empowered to Arrest: Abha Singh
Abha Singh stated, "In the present case, the CCTV footage provides clear and direct evidence of the act, establishing prima facie proof that the accused has committed a cognizable offence under section 110 of the Bharatiya Nyaya Sanhita, along with other related offences. Accordingly, the police are empowered under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to arrest the offender. Since the offence under Section 110 is punishable with imprisonment extending up to seven years, the police have full authority under Section 35(1)(b) to exercise their powers of arrest, given the existence of concrete video evidence of the act."
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FIR Sections Invoked
Based on Majumdar’s complaint, the Bangur Nagar police on October 20 registered a case under Sections 281 (rash driving or riding on a public way) and 125(b) (act endangering life or personal safety of others) of the Bharatiya Nyaya Sanhita, along with Sections 184 (driving dangerously), 134(a) (failure to render medical aid), and 134(b) (failure to report the accident within 24 hours) of the Motor Vehicles Act and later added section 110 (attempt to commit culpable homicide) of the Bharatiya Nyaya Sanhita.
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