The Railways Act, 1989
Administered Ministry: Ministry of Railways
Section
Section 153 Endangering safety of persons travelling by railway by wilful act or omission.
If any person by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered the safety of any person travelling on or being upon any railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any railway, he shall be punishable with imprisonment for a term which may extend to five years.
Section 154 Endangering safety of persons travelling by railway by rash or negligent act or omission.
If any person in a rash and negligent manner does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon any railway, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
Section 155 Entering into a compartment reserved or resisting entry into a compartment not reserved.
(1) If any passenger.--
(a) having entered a compartment wherein no berth or seat has been reserved by a railway administration for his use, or
(b) having unauthorisedly occupied a berth or seat reserved by a railway administration for the use of another passenger,
refuses to leave it when required to do so by any railway servant authorised in this behalf, such railway servant may remove him or cause him to be removed, with the aid of any other person, from the compartment, berth or seat, as the case may be, and he shall also be punishable with fine which may extend to five hundred rupees.
(2) If any passenger resists the lawful entry of another passenger into a compartment not reserved for the use of the passenger resisting, he shall be punishable with fine which may extend to two hundred rupees.
(a) having entered a compartment wherein no berth or seat has been reserved by a railway administration for his use, or
(b) having unauthorisedly occupied a berth or seat reserved by a railway administration for the use of another passenger,
refuses to leave it when required to do so by any railway servant authorised in this behalf, such railway servant may remove him or cause him to be removed, with the aid of any other person, from the compartment, berth or seat, as the case may be, and he shall also be punishable with fine which may extend to five hundred rupees.
(2) If any passenger resists the lawful entry of another passenger into a compartment not reserved for the use of the passenger resisting, he shall be punishable with fine which may extend to two hundred rupees.
Section 156 Travelling on roof, step or engine of a train.
If any passenger or any other person, after being warned by a railway servant to desist, persists in travelling on the roof, step or footboard of any carriage or on an engine, or in any other part of a train not intended for the use of passengers, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both and may be removed from the railway by any railway servant.
Section 157 Altering or defacing pass or ticket.
If any passenger wilfully alters or defaces his pass or ticket so as to render the date, number or any material portion thereof illegible, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Section 158 Penalty for contravention of any of the provisions of Chapter XIV.
Any person under whose authority any railway servant is employed in contravention of any of the provisions of Chapter XIV or of the rules made thereunder, shall be punishable with fine which may extend to five hundred rupees.
Section 159 Disobedience of drivers or conductors of vehicles to directions of railway servant, etc.
If any driver or conductor of any vehicle while upon the premises of a railway disobeys the reasonable directions of any railway servant or police officer, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
Section 160 Opening or breaking a level crossing gate.
(1) If any person, other than a railway servant or a person authorised in this behalf, opens any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to three years.
(2) If any person breaks any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to five years.
(2) If any person breaks any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to five years.
Section 161 Negligently crossing unmanned level crossing.
If any person driving or leading a vehicle is negligent in crossing an unmanned level crossing, he shall be punishable with imprisonment which may extend to one year.
Explanation.-- For the purposes of this section, "negligence" in relation to any person driving or leading a vehicle in crossing an unmanned level crossing means the crossing of such level crossing by such person--
(a) without stopping or caring to stop the vehicle near such level crossing to observe whether any approaching rolling stock is in sight, or
(b) even while an approaching rolling stock is in sight.
Explanation.-- For the purposes of this section, "negligence" in relation to any person driving or leading a vehicle in crossing an unmanned level crossing means the crossing of such level crossing by such person--
(a) without stopping or caring to stop the vehicle near such level crossing to observe whether any approaching rolling stock is in sight, or
(b) even while an approaching rolling stock is in sight.
Section 162 Entering carriage or other place reserved for females.
If a male person knowing or having reason to believe that a carriage, compartment, berth or seat in a train or room or other place is reserved by a railway administration for the exclusive use of females, without lawful excuse,--
(a) enters such carriage, compartment, room or other place, or having entered such carriage, compartment, room or place, remains therein; or
(b) occupies any such berth or seat having been required by any railway servant to vacate it,
he shall, in addition to being liable to forfeiture of his pass or ticket, be punishable with fine which may extend to five hundred rupees and may also be removed by any railway servant.
(a) enters such carriage, compartment, room or other place, or having entered such carriage, compartment, room or place, remains therein; or
(b) occupies any such berth or seat having been required by any railway servant to vacate it,
he shall, in addition to being liable to forfeiture of his pass or ticket, be punishable with fine which may extend to five hundred rupees and may also be removed by any railway servant.
Section 163 Giving false account of goods.
If any person required to furnish an account of goods under section 66, gives an account which is materially false, he and, if he is not the owner of the goods, the owner also shall, without prejudice to his liability to pay any freight or other charge under any provision of this Act, be punishable with fine which may extend to five hundred rupees for every quintal or part thereof of such goods.
Section 164 Unlawfully bringing dangerous goods on a railway.
If any person, in contravention of section 67, takes with him any dangerous goods or entrusts such goods for carriage to the railway administration, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees or with both and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway.
Section 165 Unlawfully bringing offensive goods on a railway.
If any person, in contravention of section 67, takes with him any offensive goods or entrusts such goods for carriage to the railway administration, he shall be punishable with fine which may extend to five hundred rupees and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway.
Section 166 Defacing public notices.
If any person without lawful authority--
(a) pulls down or wilfully damages any board or document set up or posted by the order of a railway administration on a railway or any rolling stock; or
(b) obliterates or alters any letters or figures upon any such board or document or upon any rolling stock,
he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
(a) pulls down or wilfully damages any board or document set up or posted by the order of a railway administration on a railway or any rolling stock; or
(b) obliterates or alters any letters or figures upon any such board or document or upon any rolling stock,
he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
Section 167 Smoking.
(1) No person in any compartment of a train shall, if objected to by any other passenger in that compartment, smoke therein.
(2) Notwithstanding anything contained in sub-section (1), a railway administration may prohibit smoking in any train or part of a train.
(3) Whosoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with fine which may extend to one hundred rupees.
(2) Notwithstanding anything contained in sub-section (1), a railway administration may prohibit smoking in any train or part of a train.
(3) Whosoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with fine which may extend to one hundred rupees.
Section 168 Provision with respect to commission of offence by the children of acts endangering safety of person travelling on railway.
(1) If a person under the age of twelve years is guilty of any of the offences under sections 150 to 154, the court convicting him may require the father or guardian of such person to execute, within such time as the court may fix, a bond for such amount and for such period as the court may direct for the good conduct of such person.
(2) The amount of the bond, if forfeited, shall be recoverable by the court as if it were a fine imposed by itself.
(3) If a father or guardian fails to execute a bond under sub-section (1) within the time fixed by the court, he shall be punishable with fine which may extend to fifty rupees.
(2) The amount of the bond, if forfeited, shall be recoverable by the court as if it were a fine imposed by itself.
(3) If a father or guardian fails to execute a bond under sub-section (1) within the time fixed by the court, he shall be punishable with fine which may extend to fifty rupees.
Section 169 Levy of penalty on non-Government railway.
If a non-Government railway fails to comply with, any requisition made, decision or direction given, by the Central Government, under any of the provisions of this Act, or otherwise contravenes any of the provisions of this Act, it shall be open to the Central Government, by order, to levy a penalty not exceeding two hundred and fifty rupees and a further penalty not exceeding one hundred and fifty rupees for every day during which the contravention continues:
Provided that no such penalty shall be levied except after giving a reasonable opportunity to the non-Government railway to make such representation as it deems fit.
Provided that no such penalty shall be levied except after giving a reasonable opportunity to the non-Government railway to make such representation as it deems fit.
Section 170 Recovery of penalty.
Any penalty imposed by the Central Government under section 169, shall be recoverable by a suit in the District Court having jurisdiction in the place where the head office of the non-Government railway is situated.
Section 171 Section 169 or 170 not to preclude Central Government from taking any other action.
Nothing in section 169 or 170 shall preclude the Central Government from resorting to any other action to compel a non-Government railway to discharge any obligation imposed upon it by or under this Act.
Section 172 Penalty for intoxication.
If any railway servant is in a state of intoxication while on duty, he shall be punishable with fine which may extend to five hundred rupees and when the performance of any duty in such state is likely to endanger the safety of any person travelling on or being upon a railway, such railway servant shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.