ETS passenger who caused a 2-hour delay by deliberately pulling on the emergency brake may face up to 20 years in jail

The passengers of Keretapi Tanah Melayu Berhad’s (KTMB) Electric Train Service ES9052 from KL Sentral to Ipoh, Perak, recently found themselves in an emergency situation after the train was suddenly disrupted mid-way due to the mischievous action of one of its passengers.

In an incident that took place on 12 October at around 11.25pm, the aforementioned mischievous passenger, seemingly without good reason, intentionally pulled on the train’s emergency brake. According to Malay Mail, the bizarre action was captured on the ETS train’s closed-circuit television (CCTV). Furthermore, due to the mischief, the train reached its destination almost 2 hours late.

As reported by Bernama, KTMB group chief executive officer Datuk Mohd Rani Hisham Samsudin has since released a statement on the incident, urging all train users to refrain from any actions that could disrupt train services during operations. Moreover, he also stressed that the perpetrator of the incident will face strict legal actions for the mischief.

So, what are the legal provisions applicable to this incident? What punishments could the perpetrator face?

Well, come onboard and join us for a ride as we journey through the relevant laws and regulations on the matter below.

Section 122 of the Land Transport Act 2010

Based on what was reported on the incident, one of the most relevant legal provisions on the incident is prescribed under the Land Public Transport Act 2010.

Specifically, the perpetrator may be charged under Section 122 of the Act below:

Based on the above provision, it is an offence for anyone to make improper use of the emergency signal apparatus provided by a licenced operator in any railway train for the use of passengers to stop the train in case of emergency.

Applied to the incident, it can be argued that the perpetrator allegedly did exactly that, whereby the CCTV showed that he pulled the emergency brake, which is an emergency signal apparatus by KTMB on the ETS train, without any good or proper reason.

Accordingly, should the perpetrator be charged and convicted under this provision, he may face a fine of up to RM1,000, imprisonment of up to 3 months, or both.

Section 430A of the Penal Code

Besides that, another possible legal provision applicable to the incident is Section 430A of the Penal Code for mischief affecting any public transportation below:

The above provision establishes that it is an offence for anyone to commit mischief by doing any act with the intent or knowledge that it is likely to upset any train or any form of public transportation.

Furthermore, Section 425 of the Act below establishes what is meant by ‘mischief’ according to the Penal Code, which is an act done by someone with intent to cause, or knowing that they’re likely to cause wrongful loss or damage to the public or any person.

Moreover, causing the destruction of any property, or any such change in any property, or in the situation thereof, as destroys or diminishes its value or utility, or affects it injuriously may also be considered as mischief.

Applied to the subject matter at hand, it can be argued that the perpetrator had committed mischief affecting public transportation as he had allegedly committed an act with the knowledge that it could obstruct, upset or even overthrow a train.

Should he be charged and convicted under this Penal Code provision, the perpetrator may face imprisonment of up to 20 years and a fine or to whipping.

Moving forward, let’s hope that this incident will be a lesson and reminder to everyone not to commit any mischievous act that could disrupt public transportation or worse, cause injuries or even loss of life.

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