Some Laws Related to Indian Railways that Every Traveller Should Know


Here are some provisions one should know

(I) The Railway Property (Unlawful Possession) Act, 1966(Act No. 29 of 1966)

3. Penalty for unlawful possession of railway property : -

Whoever is found, or is proved to have been, in possession of any railway property reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the railway property came into his possession lawfully, be punishable-

• for the first offence, with imprisonment for a term which may extend to five years, or with fine, or with both and in the absence of special and adequate reasons to be mentioned in the judgement of the court, such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees;

• for the second or a subsequent offence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reasons to be mentioned in the judgement of the court, such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees.

4. Punishment for connivance a offences. -

Any owner or occupier of land or building, or any agent of such owner or occupier incharge of the management of that land or building, who wilfully connives at an offence against the provisions of this Act, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

13. Power of courts to order forfeiture of vehicles. -

Any court trying an offence punishable under this Act may order the forfeiture to Government of any property in respect of which the court is satisfied that an offence under this Act has been committed and may also order the forfeiture of any receptacles, packages or coverings in which such property is contained, and the animals, vehicles, or other conveyances used in carrying the property.

14. Act to override other laws. -

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

(II) (A) The Indian Rlys Act 1989 CHAPTER-XV Penalties and Offences

137. Fraudulently travelling or attempting to travel without proper pas or ticket

• If any person, with intent to defraud a railway administration,--Enters or remains in any carriage on a railway or travels in a train in contravention of Sec.55, orUses or attempt to use a single pass or a single ticket which has already been used on a previous journey, or in the case of a return ticket, a half thereof which has already been so used, he shall be punishable with imprisonment for a term which may extent to six months, or with fine which may extend to one thousand rupees, or with both:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees.

• The person referred to in sub-section (1) shall also be liable to pay the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelled, or where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started , or if the tickets of passengers travelling in the train have been examined since the original starting of the train, ordinary single fare form the place where the tickets were so examined or, in the case of their having been examined more than once, were last examined.

• The excess charge referred to in sub-section (2) shall be a sum equal to the ordinary single fare referred to in that sub-section or fifty rupees, which ever is more.

• Notwithstanding anything contained in Sec.65 of the Indian Penal Code, (45 of 1860) the court convicting an offender may direct that the person in default of payment of any fine inflicted by the court shall suffer imprisonment for a term which may extend to six months.

138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance

• If any passenger,--being in or having alighted from train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being made therefor under Sec. 54, ortravels in a train in contravention of the provisions of Sec.55, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, the excess charge mentioned in sub-section (3) in addition to ordinary single fare for the distance which he has traveled or, where there is any doubt as to the station from which he started, the ordinary single fare form the station from which the train originally started, or, if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare form the place where the tickets were so examined or in the case of their having been examined more than once, were last examined.

• If any passenger,--travels or attempts to travel in or on a carriage, or by a train, of a higher class than that for which he has obtained a pass or purchased a ticket; ortravels in or on a carriage beyond the place authorised by his pass or ticket, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, any difference between the fare paid by him and the fare payable in respect of the journey he has made and the excess charge referred to in sub-section.The excess charge shall be a sum equal to the amount payable under sub-section (1) or sub-section (2), as the case may be, or fifty rupees, whichever is more:Provided that if the passenger has with him a certificate granted under sub-section (2) of Sec. 55, no excess charge referred to in sub-section If any passenger liable to pay the excess charge and the fare mentioned in sub-section (1), or the excess charge and any difference of fare mentioned in therefor under one or other of these sub-sections (2), fails or refuses to pay the same on a demand being made therefor under one or other of these sub-sections , as the case may be, any railway servant authorised by the railway administration in this behalf may apply to any Metropolitan Magistrate or a Judicial Magistrate of the first or second class, as the case may be, for the recovery of the sum payable as if it were a fine, and the Magistrate if satisfied that the sum is payable shall order it to be so recovered, and may order that the person liable for the payment shall in default of payment suffer imprisonment of either description for a term which may extend to one month but not less than ten days.Any sum recovered under sub-section (4) shall, as and when it is recovered, be paid to the railway administration.

39. Power to remove persons

Any person failing or refusing to pay the fare and the excess charge referred to in Sec. 138 may be removed by any railway servant authorised in this behalf who may call to his aid any other person to effect such removal:

Provided that nothing in this section shall be deemed to preclude a person removed from a carriage of a higher class from continuing his journey in a carriage of a class for which he holds a pass or ticket.

Provided further that a woman or a child if unaccompanied by a male passenger shall not be so removed except either at the station from where she or he commences her or his journey or at a junction or terminal station or station at the headquarters of a civil district and such removal shall be made only during the day.

146. Obstructing railway servant in his duties

If any person willfully obstructs or prevents any railway servant in the discharge of his duties, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

A plethora of other laws are available on the official website of Indian Railways that atleast all legal professionals must go through.





3 views0 comments

Recent Posts

See All
  • Kithandkinattorneys
  • Kithandkinattorneys
  • Kithandkinattorneys

All content © 2019, Kith & kin. All rights reserved.