Police have added three sections of the Bharatiya Nyaya Sanhita to the case over the Mini Cooper crash near Kochi that killed three young people, while Kerala Home Minister Ramesh Chennithala has promised that the investigation will not be influenced and that the accused will face the punishment prescribed by law.
The crash took place near Nedumbassery in the early hours of Sunday when a speeding Mini Cooper allegedly driven by a person under the influence of alcohol collided with a scooter. The three victims, two women and a man aged around 21, died in the incident.
The primary accused, 19-year-old Kochi resident Suhail, was arrested soon after the crash. The case was initially registered under Section 105 of the BNS, which deals with culpable homicide not amounting to murder. According to the remand report submitted to the court, police have now added Sections 281, 49 and 3(5) following further investigation and witness statements.
Section 105 is the most serious charge in the case and can carry life imprisonment in certain circumstances. The provision covers acts committed with the intention of causing death or causing bodily injury likely to cause death. Where an act is committed with the knowledge that it is likely to cause death but without an intention to cause it, the punishment can extend to 10 years in prison and a fine.
Section 281 relates to rash driving or riding on a public way and provides for imprisonment of up to six months, a fine of up to Rs 1,000, or both. Section 49 concerns punishment for abetment when the offence abetted has been committed, while Section 3(5) establishes joint liability when several people act in furtherance of a common intention.
The remand report stated that the investigation had identified three people, in addition to the first accused, as having been involved in the offence. They have been included as accused Nos 2 to 4. The addition of the sections could affect how the prosecution presents the alleged roles of the individuals, although the charges do not establish guilt. The final outcome will depend on the evidence and the court’s findings.
Speaking to reporters in New Delhi on Tuesday, Chennithala described the crash as a painful incident that had shocked Kerala. He said the government, police and prosecution would ensure that the accused received the maximum punishment permitted under law. He also said that anyone attempting to protect the accused would not succeed and that there would be no compromise in the case.
The minister rejected concerns about possible political interference because the accused belonged to Alappuzha district. He said no minister would interfere in the investigation and noted that, although the accused was from his district, he was not from his constituency.
Chennithala also clarified that the decision to send the accused to a Borstal school had been taken by the court rather than the police. Under the relevant rules, people below the age of 21 are sent to such institutions, he said, adding that this did not mean the accused had escaped punishment.
Responding to questions about the absence of an explicit reference to alcohol use in the First Information Report, the minister said intoxication had to be established through a medical examination and certificate. He said blood had to be tested immediately after an accident for alcohol-related evidence to be recorded.
The family of Gopika, one of the victims, has expressed concern about the investigation and demanded justice. Her father, an autorickshaw driver, said she had been preparing to go abroad after completing her studies. The family has also objected to social media comments made about the victims.
The investigation will now proceed on the basis of the expanded charges, witness statements, medical evidence and other material placed before the court.
