The Penal Code, 1860
Causing death by negligence
Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (Section 304(a))
Section analysis-. Essential ingredients of this section are
- Death of human being
- That the accused caused the death
- That the death was caused by doing of a rash and negligence act through it did not amount to culpable homicide.
The requirement of the section are that the death of any person must have been caused by the accident doing any rush and negligence act. in other words, there must be proof that the rush and negligence act of accused was proximate cause of the death. There must be direct nexus between the death of person and the rush or negligence act of the accused.
In my personal opinion the punishment of this section are less than the quantity of crime’s think if the punishment are became greater by amendment than the fear about negligence are increase and the person who does any act by negligence may be aware and avoid this types of occurrence.
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 [ three years], or with fine, or with both [Section 304(B)]
The factor determined rash and negligence driving are-
- Examination of marks of wheels on the road
- The state of traffic at the relevant time
- The speed of the vehicles
In my personal opinion, the punishment of rush driving is so poor, for that reason the driver drive recklessly without any fear in her mind. If the punishments became rich than the quantity of road accident may be reduce and proper implementation of this section also needed by proper guidance of the authority.
Railway act, 1890
Maximum number of passengers for each compartment
The railway administration shall fix, subject to the approval of the government, the maximum number of passengers which may be carried in each compartment of every description of carriage, and shall exhibit the number so fixed in a conspicuous manner inside or outside each compartment, in English or in Bengali. (Section 63)
In that section the main things are mention that the administration will fix the maximum number of passenger who can travel and also will announced this and attached each compartment in both bangle and English language.
But the management of the implement of this section is not proper guidance and the train full of passenger by overloaded and it’s a serious cause of accident.
Reservation of Compartments for Females
One and after the first day of January, 1891, the railway administration shall, in every train carrying passengers, reserve for the exclusive use of females one compartments at least of the lowest class of carriage forming part of the train.
One such compartment so reserved shall, if the train is to run for a distance exceeding fifty miles, be provided with a closet. (Section 64)
The section is mention that the administration of railway authority should be reserve component for female but it is not present in our mail train for that reason any occurrence may be held or happened on that train.
So the proper implementation of the section is very much needed to stop any occurrence about women safety.
Dhaka Metropolitan Police Ordinance, 1976
Penalty for refusal to serve as auxiliary police-officer
Any person who having been appointed as an auxiliary police-officer under section 10 without sufficient cause refuses to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties shall be punishable with fine which may extend to two hundred taka. (Section -46)
the punishment of this section is so poor it need to beccame rich. And take proper steps to implement this law.
Penalty for misconduct of police-officer
Any police-officer who is guilty of cowardice or of any wilful breach of any provision of law or of any rule, regulation or order which it is his duty as such police-officer to observe or obey shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both. (Section -48)
The punishment of misconduct behavior is so poor. This types of situation has been always seen by us but the proper implementation of this section will not happened. Its needed proper management to implement this section.
Penalty for Wrong Driving and Violation of Traffic Regulations
Whoever, when driving a vehicle along the street, without sufficient reason fails to keep on the left side of such street and when passing any other vehicle proceeding on the same direction fails to keep on the right side of such vehicle or violates any traffic regulation made by the Police Commissioner shall be punishable with fine which may extend to two hundred taka. (Section-65)
The amount of the compensation is not consistence with present situation. if it changes by amendment than possible to reduce transport problems of Bangladesh..
Penalty for Wrong Parking
Whoever leaves or parks any vehicle in any part of a street or public place where parking is prohibited by the Police Commissioner shall be punishable with fine which may extend to one hundred taka. (Section-66)
Section analysis- The punishment of misconduct wrong parking is so poor. This types of situation has been always seen by us but the proper implementation of this section will not happened. Its needed to proper management to implement this section.
Motor Vehicles Ordinance, 1983
Refusal of registration
The registering authority shall refuse to register any motor vehicle if the vehicle is mechanically defective or fails to comply with the requirements of Chapter VI or of the [regulations] made there under, or if the applicant fails to furnish particulars of any previous registration of the vehicle or the chassis identification number or furnishes inaccurate particulars in the application for registration of such vehicles, and shall furnish, the applicant whose vehicle is refused registration, with the reasons in writing for such refusal . (Section 38)
Offences relating to licence
Whoever, being disqualified under this Ordinance for holding or obtaining a driving licence, drives a motor vehicle in a public place or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsements made on a driving licence previously held by him or, being disqualified under this Ordinance for holding or obtaining a driving licence uses in Bangladesh a driving licence such as is referred to in sub section (2) of section 10, shall be punishable with imprisonment for a term which may extend to [ three months], or with fine which may extend to five hundred] Taka, or with both, and any driving licence so obtained by him shall be of no effect.
2.Whoever, being disqualified under this Ordinance, for holding or obtaining a conductor’s licence, acts as a conductor of a stage carriage or a contract carriage in a public place or applies for or obtains a conductor’s licence, or not being entitled to have a conductor’s licence issued to him free of endorsement, applies for or obtains a conductor’s licence without disclosing the endorsement made on a conductor’s licence previously held by him, shall be punishable with imprisonment for a term which may extend to one month] or with fine which may extend to two hundred] Taka or with both, and any conductor’s licence so obtained by him shall be of no effect.
- Whoever while driving a motor vehicle in a public place fails to produce his valid driving licence whenever required to do so by any authority acting under this Ordinance or any rules or regulations] made thereunder shall be punished with fine of fifty Taka. (Section 141)
Using vehicle in unsafe condition
Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred and fifty Taka, or with both, or, if as a result of such defect an accident is caused, causing bodily injury or damage to property, with imprisonment which may extend to three months, or with fine which may extend to one thousand Taka, or with both. (Section-149)