Bhubaneswar, September 30: The death of a youth during a Ganesh immersion procession in Jatani has raised questions over public safety, DJ restrictions and possible negligence.
A concrete slab attached to a roadside building collapsed on spectators on September 26, killing Biswajeet Barik of Harirajpur and injuring several others.
Investigators are examining whether vibrations from a high-decibel DJ system contributed to the collapse. However, reports indicate that the building was decades old and had been exposed to heavy rain. Police have therefore indicated that technical experts may be consulted before drawing any conclusion on the cause of the collapse.
Additional Police Commissioner Narsingha Bhola had clarified that police had not granted permission for the DJ operation during the event.
Who could face legal action?
Under Section 106(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, a person whose rash or negligent act causes death may face imprisonment of up to five years and a fine. However, investigators would need to establish negligence as well as a direct link between the alleged act and the death.
DJ operators could come under scrutiny if they operated in violation of applicable restrictions and evidence establishes that excessive sound or vibrations contributed to the structural failure.
Procession Organisers may also face investigation if they had responsibility for crowd management, sound-system compliance or public safety and failed to take reasonable precautions.
The building owner or person responsible for the structure could face scrutiny if investigators find that the structure was dangerously defective or inadequately maintained and that there was knowledge of the risk or a failure to take necessary precautions.
Public officials could also be examined if evidence establishes that they had a specific legal duty relating to safety or enforcement of applicable restrictions and failed to discharge that duty.
The National Human Rights Commission (NHRC) has sought an action-taken report from the Khurda administration and police concerning allegations of high-decibel DJ use and possible administrative negligence.
For injuries,Section 125 of the BNS deals with rash or negligent acts endangering life or the personal safety of others, with higher punishment where hurt or grievous hurt is caused.
Police have registered an unnatural-death case and are investigating the circumstances.
