| Chapter XV | Penalties and Offences |
| 137 | Fraudulently traveling or attempting to travel without proper pass or ticket (1) If any person, with intent to defraud a railway administration,- Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) of the Court, such punishment shall not be less than a fine of five hundred rupees. (2) 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, the ordinary single fare from the place where the tickets were so examined or, in case of their having been examined more than once, were last examined.(3) 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 [two hundred and fifty rupees], whichever is more. (4) Notwithstanding anything contained in section 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 traveling without proper pass or ticket or beyond authorized distance (1) If any passenger,- (2) If any passenger,- (a) 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; or (b) travels 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 (3).(3) 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 [two hundred and fifty rupees], whichever is more: Provided that if the passenger has with him a certificate granted under sub-section (2) of section 55, no excess charge shall be payable. (4) 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 sub-section (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.(5) Any sum recovered under sub-section (4) shall, as and when it is recovered, be paid to the railway administration. |
| 139 | Power to remove persons |
| 140 | Security for good behavior in certain cases |
| 141 | Needlessly interfering with means of communication in a train |
| 142 | Penalty for transfer of tickets |
| 143 | Penalty for unauthorized carrying on of business of procuring and supplying of railway tickets |
| 144 | Prohibition on hawking, etc., and begging |
| 145 | Drunkenness or nuisance |
| 146 | Obstructing railway servant in his duties |
| 147 | Trespass and refusal to desist from trespass |
| 148 | Penalty for making a false statement in an application for compensation |
| 149 | Making a false claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. for compensation |
| 150 | Maliciously wrecking or attempting to wreck a train |
| 151 | Damage to or destruction of certain railway properties |
| 152 | Maliciously hurting or attempting to hurt persons traveling by railway |
| 153 | Endangering safety of persons traveling by railway by willful act or omission |
| 154 | Endangering safety of persons traveling by railway rash or negligent act or omission |
| 155 | Entering into compartment reserved or resisting entry into a compartment not reserved |
| 156 | Traveling on roof, step or engine of a train |
| 157 | Altering or defacing pass or ticket |
| 158 | Penalty for contravention of any of the provision of Chapter XIV |
| 159 | Disobedience of drivers or conductors of vehicles to directions of railway servant, etc. |
| 160 | Opening or breaking a level crossing gate |
| 161 | Negligently crossing unmanned level crossing |
| 162 | Entering carriage or other place reserved for females |
| 163 | Giving false account of goods |
| 164 | Unlawfully bringing dangerous goods on a railway |
| 165 | Unlawfully bringing offensive goods on a railway |
| 166 | Defacing public notices |
| 167 | Smoking |
| 168 | Provision with respect to commission of offence by the children of acts endangering safety of person traveling on railway |
| 169 | Levy of penalty on non-Government railway |
| 170 | Recovery of penalty |
| 171 | Section 169 or 170 not to preclude Central Government from taking any other action |
| 172 | Penalty for intoxication |
| 173 | Abandoning train, etc., without authority |
| 174 | Obstructing running of train, etc. |
| 175 | Endangering the safety of persons |
| 176 | Obstructing level crossing |
| 177 | False returns |
| 178 | Making a false report by a railway servant |
| 179 | Arrest for offences under certain sections |
| 180 | Arrest of persons likely to abscond, etc. |
| 181 | Magistrate having jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. under the Act |
| 182 | Place of trial |
Penalties and Offences under Railways Act
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