Tag Archives: Offences

Penalties and Offences  under Railways Act

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,-
(a) enters or remains in any carriage on a railway or travels in a train in contravention of section 55, or

(b) uses or attempts 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 extend 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.

(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,-
(a) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being made therefor under section 54, or

(b) travels in a train in contravention of the provisions of section 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 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 the case of their having been examined more than once, were last examined.

(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 claim 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 jurisdiction under the Act
182 Place of trial