The Saar Effect: How Fatal Accidents Rewrote Bahrain’s Penal Code

Trainee Lawyer Noor Fathalla and Legal Assistant Srivani P. Nair examine Bahrain’s landmark reforms to the Penal Code, following a tragic traffic incident in Saar that underscored the urgent need for stronger deterrents against negligent conduct.

On 19 August 2025, His Majesty King Hamad bin Isa Al Khalifa issued Decree-Law No. (31) of 2025 amending two provisions of Decree-Law No. (15) of 1976 promulgating the Penal Code.[1] The amendments to Articles 342 and 343 relate to negligent acts resulting in death, injury, or bodily harm.

Recent traffic incidents in the Kingdom of Bahrain have highlighted the need for enhanced penalties within the existing legal framework addressing negligent conduct resulting in death or injury. This past year, the Kingdom has witnessed several traffic-related incidents and other acts of negligence that have caused significant harm, raising serious concerns for public safety and demonstrating that the existing penalties were insufficient to ensure accountability and deter reckless behaviour. Statistical analysis of traffic-related incidents over the preceding twelve months demonstrated a concerning upward trend in cases involving criminal negligence, particularly those resulting in death or grievous bodily harm.[2] This empirical evidence, coupled with judicial observations regarding the inadequacy of existing penalties to ensure effective deterrence and accountability, necessitated a comprehensive review of the relevant provisions of the Penal Code.

A particularly significant case was the Saar incident that occurred in May of 2025, in which the driver, while operating the vehicle under circumstances that impaired the driver’s ability to drive safely, engaged in conduct that foreseeably endangered the lives of others, resulting in multiple fatalities and serious injuries to those who survived. The driver has been sentenced to a total of nine (9) years’ imprisonment, reflecting the severity of the negligence.[3]

This case, and others like it, emphasised the need for stronger and clearer legal provisions to deter negligent acts with potentially fatal consequences. His Majesty King Hamad bin Isa Al-Khalifa issued Decree-Law No. (31) of 2025, pursuant to the submission of the Prime Minister and the Council of Ministers, amending certain provisions of the Penal Code by imposing stricter penalties and clarifying the circumstances that give rise to liabilities.

Analysis of the Amendments

• Amendment to Article 342

Article 342 relates to an act resulting in the death of persons, and/or by virtue of any of the following grounds:

• occupational breach;
• influence of intoxication by alcohol or narcotics at the time of the incident;
• failure to assist the victim despite the ability to do so;
• failure to seek assistance for the victim despite the ability to do so.

By way of the amendment, a person convicted of such an act resulting in the death of an individual shall be sentenced to imprisonment for a period of not less than two (2) years and not exceeding five (5) years. In conjunction with or as an alternative to a prison sentence, the convicted person may also be penalised with a fine of no less than Two Thousand Bahraini Dinars (BHD 2,000) and not exceeding Six Thousand Bahraini Dinars (BHD 6,000).

In the case of an act resulting in the death of more than one person, the sentence for imprisonment is a period of two (2) years and not exceeding seven (7) years. According to Article 342, if death results from an act committed under any of the aggravating circumstances specified in the second paragraph, the period of imprisonment increases to a minimum period of three (3) years and not exceeding ten (10) years. Similarly, in conjunction with or alternate to imprisonment, the convicted person may also be penalised with a fine of no less than Three Thousand Bahraini Dinars (BHD 3,000) and not exceeding Ten Thousand Bahraini Dinars (BHD 10,000).

Accordingly, the amended provision modifies key elements pertaining to sentencing, the scope for liability, and the relevant court’s jurisdiction. Previously, the law did not expressly provide for a minimum requirement in sentencing, i.e., (i) a minimum specified period of two (2) or three (3) years respectively, for imprisonment, and (ii) prescribed amount of Two Thousand Bahraini Dinars (BHD 2,000) or Three Thousand Bahraini Dinars (BHD 3,000) respectively, as penalties. Furthermore, whereas the law previously provided for an act resulting in the death of a person and resulting in the death of more than three persons, respectively, the amendment clearly expands its scope to expressly include the death of one or more persons. Further, accounting for the aggravated circumstance of certain factors outlined in the second paragraph of Article 342, the amendment provides for increased sentencing.

Lastly, the provision clarifies that the High Court shall oversee the offences provided for herein and outlines the relevant appellate body.

• Amendment to Article 343

Article 343 relates to an act resulting in the bodily harm of persons, and/or by virtue of any of the following:

• such harm resulting in permanent disability;
• occurring as a result of occupational breach;
• influence of intoxication by alcohol or narcotics at the time of the incident;
• failure to assist the victim despite the ability to do so;
• failure to seek assistance for the victim despite the ability to do so.

Under the amended Article 343, a person causing bodily harm to another person shall be subject to imprisonment for a period not exceeding one (1) year or a fine not exceeding Two Hundred Bahraini Dinars (BHD 200). In the case of bodily harm caused to a person by virtue of the listed grounds, the sentence for imprisonment is a minimum period of one (1) year and/or alternatively, a penalty fine of One Thousand Bahraini Dinars (BHD 1,000) and not exceeding Five Thousand Bahraini Dinars (BHD 5,000).

In case of bodily harm caused to more than one person, the punishment shall be imprisonment for a period of not less than two (2) years and not exceeding five (5) years, and/or a fine of not less than Two Thousand Bahraini Dinars (BHD 2,000) and not exceeding Eight Thousand Bahraini Dinars (BHD 8,000).

In cases of an aggravated circumstance of the listed grounds above, the punishment shall be a sentence to imprisonment for a minimum period of two (2) years and not exceeding seven (7) years.

Principally, the amendment to Article 343 raises the ceiling on sentencing, as with amended Article 342. The key difference in the amendment to Article 343, in contrast to its previous wording, is the introduction of a combined sentence of imprisonment and fine, as opposed to a sentence of imprisonment or a fine.

Relevant supplementary changes also include Decree-Law No. (30) of 2025, amending provisions of the Traffic Law,[4] such as the following:

Conclusion

Decree-Law No. (31) of 2025, promulgated by His Majesty King Hamad bin Isa Al Khalifa pursuant to Article 38 of the Constitution of the Kingdom of Bahrain on 19 August 2025, marks a watershed moment in Bahrain’s criminal jurisprudence, fundamentally reforming the Kingdom’s legislative approach to criminal negligence resulting in death and bodily harm. The tragic Saar incident of May 2025, which resulted in multiple fatalities and serious injuries, served as a catalyst for these comprehensive legal reforms.

The substantive amendments to Articles 342 and 343 of the Penal Code represent a significant enhancement of the Kingdom’s criminal justice framework, introducing both deterrent and punitive measures aligned with contemporary judicial principles and societal requirements. Most significantly, the amended provisions now establish minimum sentencing requirements – a departure from the previous framework that lacked such mandatory minimums. For cases involving death, sentences now range from a minimum of two years to a maximum of ten years depending on circumstances, while monetary penalties have increased substantially from unspecified amounts to clearly defined ranges of BHD 2,000 to BHD 10,000.

The scope of liability has also been expanded, with the law now expressly covering acts resulting in the death of “one or more persons” rather than the previous threshold of “more than three persons”. This change ensures that even single-fatality incidents involving negligent conduct receive appropriate judicial attention and punishment.

The legislative reform demonstrates a holistic approach to public safety through the synchronised amendment of both the Penal Code and Traffic Law via Decree-Law No. (30) of 2025, establishing an integrated legal framework that harmonises criminal sanctions with administrative regulations. This coordinated legislative approach reflects the sophisticated development of Bahrain’s legal system in addressing complex social challenges through multiple, complementary legal instruments.

The new provisions also clarify jurisdictional matters, establishing that the High Criminal Court shall oversee these offences with appeals directed to the High Court of Appeal, ensuring proper judicial oversight of these serious matters.

These reforms reflect Bahrain’s proactive approach to evolving public safety challenges. The amendments demonstrate the Council of Ministers’ commitment to combatting increasing incidents of reckless driving and traffic accidents while ensuring the durability and robustness of Bahrain’s legal system through adaptive legislation that addresses contemporary safety requirements and evolving societal needs.

The enhanced penalties serve not merely as punishment but as a clear deterrent message that negligent conduct endangering lives will face severe consequences. By establishing minimum sentences and substantial fines, the Kingdom has created a legal framework that prioritises the protection of life and promotes accountability, ensuring that tragic incidents like the Saar case catalyse lasting positive change in both legal standards and social behaviour.

Authors:

Noor Fathalla

Srivani P. Nair

[1] Bahrain News Agency (BNA), ‘HM King issues Decree-Law (31) of 2025’ (BNA, 19 August 2025) <https://www.bna.bh/en/HMKingissuesDecreeLaw31of2025.aspx?cms=q8FmFJgiscL2fwIzON1%2bDoETgq1bzZmQF45If%2fYyusQ%3d> accessed 20 August 2025.

[2] Alwatan, ‘52% of traffic accidents in May 2025 resulted in serious injuries and 7% fatalities’ (Alwatan, 25 June 2025) <%52 من الحوادث المرورية في مايو 2025أسفرت عن إصابات بالغة و7% عن وفيات | صحيفة الوطن> accessed 28 August 2025.

[3] The Daily Tribune – News of Bahrain, ‘Appeal Rejected in Fatal Saar Traffic Accident And Drug Possession Case’ (DT, 14 August 2025) <https://www.newsofbahrain.com/bahrain/117212.html> accessed 21 August 2025.

[4] Bahrain News Agency (BNA), ‘Interior Minister: Traffic Law amendment reflects royal vision to preserve lives’ (BNA, 20 August 2025) <https://www.bna.bh/en/InteriorMinisterTrafficLawamendmentreflectsroyalvisiontopreservelives.aspx?cms=q8FmFJgiscL2fwIzON1%2bDh8bfDktAvjpyDYtMCsEY6k%3d> accessed 20 August 2025.