The Railways Act, 1989
Administered Ministry: Ministry of Railways
Section
Section 173 Abandoning train, etc., without authority.
If any railway servant, when on duty, is entrusted with any responsibility connected with the running of a train, or of any other rolling stock from one station or place to another station or place, and he abandons his duty before reaching such station or place without authority or without properly handing over such train or rolling stock to another authorised railway servant, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Section 174 Obstructing running of train, etc.
If any railway servant (whether on duty or otherwise) or any other person obstructs or causes to be obstructed or attempts to obstruct any train or other rolling stock upon a railway,--
(a) by squatting or picketing or during any rail roko agitation or bandh; or
(b) by keeping without authority any rolling stock on the railway; or
(c) by tampering with, disconnecting or interfering in any other manner with its hose pipe or tampering with signal gear or otherwise,
he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.
(a) by squatting or picketing or during any rail roko agitation or bandh; or
(b) by keeping without authority any rolling stock on the railway; or
(c) by tampering with, disconnecting or interfering in any other manner with its hose pipe or tampering with signal gear or otherwise,
he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.
Section 175 Endangering the safety of persons.
If any railway servant, when on duty, endangers the safety of any person--
(a) by disobeying any rule made under this Act; or
(b) by disobeying any instruction, direction or order under this Act or the rules made thereunder; or
(c) by any rash or negligent act or omission,
he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
(a) by disobeying any rule made under this Act; or
(b) by disobeying any instruction, direction or order under this Act or the rules made thereunder; or
(c) by any rash or negligent act or omission,
he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Section 176 Obstructing level crossing.
If any railway servant unnecessarily--
(a) allows any rolling stock to stand across a place where the railway crosses a public road on the level; or
(b) keeps a level crossing closed against the public,
he shall be punishable with fine which may extend to one hundred rupees.
(a) allows any rolling stock to stand across a place where the railway crosses a public road on the level; or
(b) keeps a level crossing closed against the public,
he shall be punishable with fine which may extend to one hundred rupees.
Section 177 False returns.
If any railway servant required to furnish a return by or under this Act, signs and furnishes a return which is false in any material particular or which he knows or believes to be false, or does not believe to be true, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
Section 178 Making a false report by a railway servant.
If any railway servant who is required by a railway administration to inquire into a claim for loss, destruction, damage, deterioration or non-delivery of any consignment makes a report which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Section 179 Arrest for offences under certain sections.
1[179. Arrest for offences under certain sections.-- (1) If any person commits any offence mentioned in sections 150 to 152, he may be arrested without warrant or other written authority by any railway servant or police officer not below the rank of a head constable.
(2) If any person commits any offence mentioned in sections 137 to 139, 141 to 147, 153 to 157, 159 to 167 and 172 to 176, he may be arrested, without warrant or other written authority, by the officer authorised by a notified order of the Central Government.
(3) The railway servant or the police officer or the officer authorised, as the case may be, may call to his aid any other person to effect the arrest under sub-section (1) or sub-section (2), as the case may be.
(4) Any person so arrested under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate.]
(2) If any person commits any offence mentioned in sections 137 to 139, 141 to 147, 153 to 157, 159 to 167 and 172 to 176, he may be arrested, without warrant or other written authority, by the officer authorised by a notified order of the Central Government.
(3) The railway servant or the police officer or the officer authorised, as the case may be, may call to his aid any other person to effect the arrest under sub-section (1) or sub-section (2), as the case may be.
(4) Any person so arrested under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate.]
1 Subs. by Act 51 of 2003, s. 3, for section 179 (w.e.f. 1-7-2004).
Section 180 Arrest of persons likely to abscond, etc.
(1) If any person who commits any offence under this Act, other than an offence mentioned in 1[sub-section (2) of section 179], or is liable to pay any excess charge or other sum demanded under section 138, fails or refuses to give his name and address or there is reason to believe that the name and address given by him are fictitious or that he will abscond, 2[the officer authorised] may arrest him without warrant or written authority.
(2) 3[The officer authorised] may call to his aid any other person to effect the arrest under sub-section (1).
(3) Any person arrested under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate unless he is released earlier on giving bail or if his true name and address are ascertained on executing a bond without sureties for his appearance before the Magistrate having jurisdiction to try him for the offence.
(4) The provisions of Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the giving of bail and the execution of bonds under this section.
(2) 3[The officer authorised] may call to his aid any other person to effect the arrest under sub-section (1).
(3) Any person arrested under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate unless he is released earlier on giving bail or if his true name and address are ascertained on executing a bond without sureties for his appearance before the Magistrate having jurisdiction to try him for the offence.
(4) The provisions of Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the giving of bail and the execution of bonds under this section.
1 Subs. by s. 4, ibid., for "section 179" (w.e.f. 1-7-2004).
2 Subs. by s. 4, ibid., for certain words (we.f. 1-7-2004).
3 Subs. by s. 4, ibid., for "The railway servant or the police officer" (w.e.f. 1-7-2004).
2 Subs. by s. 4, ibid., for certain words (we.f. 1-7-2004).
3 Subs. by s. 4, ibid., for "The railway servant or the police officer" (w.e.f. 1-7-2004).
Section 180A Inquiry by officer authorised to ascertain commission of offence.
1[180A. Inquiry by officer authorised to ascertain commission of offence.-- For ascertaining facts and circumstances of a case, the officer authorised may make an inquiry into the commission of an offence mentioned in sub-section (2) of section 179 and may file a complaint in the competent court if the offence is found to have been committed.]
1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).
Section 180B Powers of officer authorised to inquire.
1[180B. Powers of officer authorised to inquire.-- While making an inquiry, the officer authorised shall have power to,--
(i) summon and enforce the attendance of any person and record his statement;
(ii) require the discovery and production of any document;
(iii) requisition any public record or copy thereof from any office, authority or person;
(iv) enter and search any premises or person and seize any property or document which may be relevant to the subject-matter of the inquiry.]
(i) summon and enforce the attendance of any person and record his statement;
(ii) require the discovery and production of any document;
(iii) requisition any public record or copy thereof from any office, authority or person;
(iv) enter and search any premises or person and seize any property or document which may be relevant to the subject-matter of the inquiry.]
1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).
Section 180C Disposal of persons arrested.
1[180C. Disposal of persons arrested.--Every person arrested for an offence punishable under sub-section (2) of section 179 shall, if the arrest was made by a person other than the officer authorised, be forwarded, without delay, to such officer.]
1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).
Section 180D Inquiry how to be made against arrested person.
1[180D. Inquiry how to be made against arrested person.-- (1) When any person is arrested by the officer authorised for an offence punishable under this Act, such officer shall proceed to inquire into the charge against such person.
(2) For this purpose, the officer authorised may exercise the same powers and shall be subject to the same provisions as the officer in charge of a police station may exercise and is subject to the provisions of the Code of Criminal Procedure, 1973 (2 of 1974 ), when investigating a cognizable case:
Provided that--
(a) if the officer authorised is of the opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bail to appear before a Magistrate having jurisdiction in the case, or forward him in custody to such Magistrate;
(b) if it appears to the officer authorised that there is not sufficient evidence or reasonable ground of suspicion against the accused person, he shall release the accused person on his executing a bond, with or without sureties as the officer authorised may direct, to appear, if and when so required, before the Magistrate having jurisdiction.]
(2) For this purpose, the officer authorised may exercise the same powers and shall be subject to the same provisions as the officer in charge of a police station may exercise and is subject to the provisions of the Code of Criminal Procedure, 1973 (2 of 1974 ), when investigating a cognizable case:
Provided that--
(a) if the officer authorised is of the opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bail to appear before a Magistrate having jurisdiction in the case, or forward him in custody to such Magistrate;
(b) if it appears to the officer authorised that there is not sufficient evidence or reasonable ground of suspicion against the accused person, he shall release the accused person on his executing a bond, with or without sureties as the officer authorised may direct, to appear, if and when so required, before the Magistrate having jurisdiction.]
1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).
Section 180E Search, seizure and arrest how to be made.
1[180E. Search, seizure and arrest how to be made.-- All searches, seizures and arrests made under this Act shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974 ), relating respectively to searches and arrests made under that Code.]
1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).
Section 180F Cognizance by Court on a complaint made by officer authorised.
1[180F. Cognizance by Court on a complaint made by officer authorised.-- No court shall take cognizance of an offence mentioned in sub-section (2) of section 179 except on a complaint made by the officer authorised.]
1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).
Section 180G Punishment for certain offences in relation to inquiry.
1[180G. Punishment for certain offences in relation to inquiry. --Whoever intentionally insults or causes any interruption in the inquiry proceedings or deliberately makes a false statement before the inquiring officer shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.]
1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).
Section 181 Magistrate having jurisdiction under the Act.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence under this Act.
Section 182 Place of trial.
(1) Any person committing an offence under this Act or any rule made thereunder shall be triable for such offence in any place in which he may be or which the State Government may notify in this behalf, as well as in any other place in which he is liable to be tried under any law for the time being in force.
(2) Every notification under sub-section (1) shall be published in the Official Gazette, and a copy thereof shall be exhibited for the information of the public in some conspicuous place at such railway stations as the State Government may direct.
(2) Every notification under sub-section (1) shall be published in the Official Gazette, and a copy thereof shall be exhibited for the information of the public in some conspicuous place at such railway stations as the State Government may direct.
Section 183 Power to provide other transport services.
(1) A railway administration may, for the purpose of facilitating the carriage of passengers or goods or to provide integrated service for such carriage, provide any other mode of transport.
(2) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to the carriage of passengers or goods by the mode of transport referred to in sub-section (1).
(2) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to the carriage of passengers or goods by the mode of transport referred to in sub-section (1).
Section 184 Taxation on railways by local authorities.
(1) Notwithstanding anything to the contrary contained in any other law, a railway administration shall not be liable to pay any tax in aid of the funds of any local authority unless the Central Government, by notification, declares the railway administration to be liable to pay the tax specified in such notification.
(2) While a notification of the Central Government under sub-section (1) is in force, the railway administration shall be liable to pay to the local authority either the tax specified in the notification or, in lieu thereof, such sum, if any, as an officer appointed in this behalf by the Central Government may, having regard to all the circumstances of the case, from time to time, determine to be fair and reasonable.
(3) The Central Government may at any time revoke or vary a notification issued under sub-section (1).
(4) Nothing in this section shall be construed to prevent any railway administration from entering into a contract with any local authority for the supply of water or light, or for the scavenging of railway premises, or for any other service which the local authority may be rendering or be prepared to render to the railway administration.
(2) While a notification of the Central Government under sub-section (1) is in force, the railway administration shall be liable to pay to the local authority either the tax specified in the notification or, in lieu thereof, such sum, if any, as an officer appointed in this behalf by the Central Government may, having regard to all the circumstances of the case, from time to time, determine to be fair and reasonable.
(3) The Central Government may at any time revoke or vary a notification issued under sub-section (1).
(4) Nothing in this section shall be construed to prevent any railway administration from entering into a contract with any local authority for the supply of water or light, or for the scavenging of railway premises, or for any other service which the local authority may be rendering or be prepared to render to the railway administration.
Section 185 Taxation on railways for advertisement.
(1) Notwithstanding anything to the contrary contained in any other law, a railway administration shall not be liable to pay any tax to any local authority in respect of any advertisement made on any part of the railway unless the Central Government, by notification, declares the railway administration to be liable to pay the tax specified in such notification.
(2) The Central Government may at any time revoke or vary a notification issued under sub-section (1).
(2) The Central Government may at any time revoke or vary a notification issued under sub-section (1).