The suspects behind the incident of a bus running over a group of students killing two and injuring several others face only up to three years in jail as charges of reckless driving causing death, instead of murder, have been pressed against them.

On Jul 29, a Jebele Noor-operated bus ploughed into college students waiting for transport at a stoppage on the Airport Road in Dhaka.

Shaheed Ramiz Uddin School and College students, Abdul Karim Rajib and Diya Khanam Mim were killed on the spot and at least 12 others were injured.

Victim Mim’s family started a case with police over the incident.

Police have booked the five suspects, including the driver of the bus, under the Bangladesh Penal Code’s Sections 279 and 304 (B), which stipulates a maximum sentence of three years in jail or fine or both for offenders. 

Students, mostly from Dhaka schools and colleges and later joined by those from private universities, poured on the streets since demanding safe roads and accountability for the death of the teenagers.

The protests continued for a straight fifth day on Thursday when demonstrations were held in at least 20 locations across Dhaka bringing the city literally to its knees.

The students’ demands include capital punishment for those responsible behind the deaths.

The existing law allows booking suspects in road accidents under three sections of the penal code — 302 for murder, 304 for culpable homicide or manslaughter, 304B for death caused by reckless driving and 279 for rash driving on a public way.

Section 302

Punishment for murder

Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.

Section 304

Punishment for culpable homicide not amounting to murder             

Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine...

Section 304B

Causing death by rash driving or riding on a public way                   

Whoever causes the death of any person by rash or negligent driving of any vehicle or riding on any public way not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to 3[ three years], or with fine, or with both.

Section 279

Rash driving or riding on a public way                      

Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to three years...

Speaking to Bangla Tribune victim Mim’s father Jahangir Hossain, however, said he had no idea that police have not booked the suspects for murder.

“The police in no way can record this as an accident. They should be tried for murder,” he said before adding that he was scheduled to discuss the issue with his legal counsels on Sunday.

Police, however, say that the case was recorded under the proper legal provisions.

“The case has been filed under two penal code provisions— Sections 279 and 304B. There’s no option to book the suspects under Section 302 as it requires a motive for the murder. That’s not the case here,” Cantonment Police Station Shahan Haque told Bangla Tribune.

Legal experts and rights activists, however, disagree.

“All the accident cases are now being recorded under Section 304B, which carries a maximum sentence of three years in jail as well as fines. The provision also allows bail and out of court settlement. But police can book the suspects under Section 302 (for murder), but drivers get off since they do not. And that’s what led to this menace on road,” said Tapash Kumar Pal, an additional public prosecutor for the Dhaka Metropolitan Sessions Judge’s Court.

The law requires suspects in death caused by road accidents to be tried under Section 302, according to rights activist Mozammel Haque Chowdhury.

“That was the case in the past. But now the suspects are being booked under Section 304 due to pressure from owners and transport workers. And people continue to die due to reckless driving,” said Chowdhury, the secretary general of Bangladesh Jatri Kalyam Samiti, a passengers’ rights forum.

In 2015, the government decided to file cases of deaths in road accidents under Section 304 instead of 302 in the wake of demands by the Bangladesh Road Transport Workers’ Federation.