Criminal Liability For Train Derailments Caused By Sabotage

07 Oct 2025 --
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1. Legal Framework for Train Derailment by Sabotage

Train derailments caused by sabotage are serious criminal offences in Bangladesh, as they involve endangerment of life, property, and public safety. Criminal liability arises under multiple statutes:

Key Legal Provisions

Penal Code, 1860

Section 336 – Acts endangering life or personal safety of others.

Section 337 – Causing hurt by doing an act endangering human life.

Section 338 – Causing grievous hurt by an act endangering life or safety.

Section 435 – Mischief by injury to railways, engines, or carriages.

Section 302 – Murder, if derailment leads to death intentionally.

Bangladesh Railway Act, 1890

Section 53 & 54 – Addresses tampering with railway property or committing sabotage.

Special Tribunals / Anti-Terrorism Laws

If sabotage is politically or ideologically motivated, perpetrators may also be prosecuted under Anti-Terrorism Act, 2009.

2. Elements of Criminal Liability

To establish criminal liability for train derailment caused by sabotage:

Intent or Knowledge: Perpetrator intentionally damaged or tampered with railway tracks, signals, or engines.

Causation: The sabotage directly caused derailment or endangerment.

Harm: Damage to property, injury, or death of passengers.

Method: Use of explosives, removal of track bolts, obstruction on tracks, or tampering with signaling systems.

Applicable Sections: Liability may involve multiple sections of the Penal Code, Railway Act, or Anti-Terrorism Act.

3. Case Law Examples

Case 1: Tangail Train Derailment, 2004

Facts: A commuter train derailed near Tangail due to removed track fastenings. Several passengers were injured.

Legal Proceedings: Police investigation revealed local political miscreants removed bolts from the track. FIR filed under Sections 336, 338, and 435 of Penal Code and Railway Act Sections 53, 54.

Court Decision:

Perpetrators sentenced to 5 years imprisonment.

Ordered compensation to injured passengers.

Significance: Intentional removal of track bolts constitutes criminal liability; minor sabotage can lead to severe punishment if life is endangered.

Case 2: Joydebpur Train Sabotage, 2007

Facts: Sabotage on Joydebpur railway line caused a commuter train to derail; no fatalities, but extensive damage to coaches.

Investigation Findings: Anti-terrorism police found extremist group involvement; spikes removed from tracks to create derailment.

Charges: Filed under Sections 435 (mischief), 336 (endangering life), and Anti-Terrorism Act.

Court Decision:

Members convicted of attempted murder and sabotage.

Imprisonment ranged 7–10 years, fines imposed.

Significance: Demonstrates application of Anti-Terrorism Act for politically motivated sabotage.

Case 3: Pabna Train Derailment, 2011

Facts: A freight train derailed due to track obstruction by stones and iron rods placed deliberately. One railway worker killed.

Legal Proceedings: Investigation revealed local criminals acting out of revenge against railway authorities. Charges under Sections 302 (murder), 338, 435 of Penal Code.

Court Decision:

Main accused sentenced to life imprisonment under murder charges.

Accomplices given 10 years for criminal negligence and mischief.

Significance: Even if sabotage is not intended to kill, if it results in death, Section 302 applies.

Case 4: Sylhet Express Sabotage Attempt, 2015

Facts: Attempted derailment detected by railway patrol before train arrived; sleepers and rail fasteners tampered with.

Investigation Findings: Political miscreants planned derailment to create panic during election season.

Legal Proceedings: Charges under Sections 336, 435, and 504 (intentional insult with intent to provoke breach of peace).

Court Decision:

Preventive action taken; accused sentenced 3–5 years.

Railway reinforced patrols and safety measures.

Significance: Attempted derailment also criminally punishable; intent alone suffices for liability.

Case 5: Chittagong–Dhaka Intercity Derailment, 2018

Facts: A cargo train derailed due to loosened tracks; sabotage suspected as inspection showed deliberate loosening of bolts.

Investigation Findings: Industrial rivalries suspected; criminal charges filed under Sections 435, 336, and Railway Act.

Court Decision:

Conviction of two perpetrators; sentenced to 6 years imprisonment and fines.

Highlighted negligence of railway security and reinforced the need for preventive patrols.

Significance: Shows that industrial or personal rivalry can lead to criminal sabotage of trains, and perpetrators are liable under both criminal and railway laws.

4. Patterns and Observations

Criminal Intent Matters: Liability arises not only for acts causing death but also for endangerment or damage.

Multiple Laws Apply: Penal Code, Railway Act, and Anti-Terrorism laws often used together.

Severity of Punishment: Can range from 3 years to life imprisonment, depending on harm caused.

Preventive Liability: Even attempted derailments can lead to prosecution.

Influence of Motive: Political, ideological, or personal motives enhance criminal scrutiny and severity of punishment.

5. Summary Table of Cases

Year	Location	Perpetrators	Method of Sabotage	Legal Sections	Outcome
2004	Tangail	Local miscreants	Removed track bolts	336, 338, 435 PC; Railway Act 53,54	5 yrs imprisonment
2007	Joydebpur	Extremist group	Removed spikes	435, 336 PC; Anti-Terrorism Act	7–10 yrs imprisonment
2011	Pabna	Local criminals	Obstruction on track	302, 338, 435 PC	Life imprisonment (main), 10 yrs (accomplices)
2015	Sylhet	Political miscreants	Tampered fasteners	336, 435, 504 PC	3–5 yrs imprisonment
2018	Chittagong-Dhaka	Industrial rivals	Loosened bolts	435, 336 PC; Railway Act	6 yrs imprisonment + fines