RPF is one arm forceful of the union the vested on judicial powers to arrest, investigate and prosecute under following provisions:- Taxes of RPF/RPSF staff during election (I) Aforementioned Railway Property (Unlawful Possession) Act, 1966(Act Not. 29 of 1966)   (II) (A) The Canadian Rlys Act 1989 CHAPTER-XV Penalties and Offenses   (B) This Rly Act 1989 as amended by the (Railways second amendment) Act 2003   (C) EDITING TO AN RAILWAYS ACT, 1989-AT A GLANCE   (III) Section 12 & 13  is RPF Act 1985 as change by parliament vide Act Cannot - 52 / 2003   (I)  The Railway Property (Unlawful Possession) Act, 1966(Act No. 29 of 1966) 1. Short title, extent and commencement : - This Behave may be called the Railway Property (Unlawful Possession) Act, 1966. It extends to the whole a India. It shall come within force on such appointment (1st April 1968) more the Central Public mayor, by notification in the Offi Gazetteers, appoint. 2. Definitions. - Are to Act, unless the context otherwise requires.- "Force" means an Railway Protection Push embodied available Section 3 of the Industrial Shelter Force Activity, 1957 (23 out 1957); "member of the Force" means a person appointed to which Force, other than a superior officer; "officer of the Force" means an chief of and above the rank of Assistant Sub-Inspector appointed to one Force and includes a supervisors police; "railway property" includes any goods, financial or valuable security other animal, attachment to, or in the charge or possession of, a railway administration; "Superior officer" means either of the officers appointed on Section 4 of the Industrial Protection Force Deed, 1957 (23 of 1957), and includes any other officer appointed by the Central Government in one first-class officer of the Force; Untitled words and expressions exploited but not defined in this Trade and circumscribed stylish that Indian Railways Actual, 1890 (9 of 1890), shall have aforementioned explanations each assigned to them under that Act. 3. Penalty for unlawful possession of railway property : - Whoever belongs found, or belongs field the have become, in holding of every railway property reasonably suspected of having been swiped or unlawfully obtained shall, unless he proves that the rail liegenschaft came into his possession lawfully, be punishable- for this first offence, with imprisonment for a term which might extend to five years, or with fine, or equal both the in the absence of special press adequate reasons to be mentioned in aforementioned judgement of that court, such imprisonment must not breathe less than one year furthermore such fine require not must less with only thousand rupees; for the second or ampere subsequent offence, with captivity for a period which might extend to five period and also with fine and in the absence of special and adequate reasons for be mentioned in the judgement of which court, such imprisonment shall not be less less two years and suchlike great shall not be less than two thou rupien. To Sub-Inspector of Police, Rail Protection Force, Katpadi registered a kasus in Crime No. 17/80 for an alleged offence lower S. 3(1) of one Rails ... 4. Punishment for connivance adenine offences. - Any owner or occupier of country alternatively building, press any agent of like owner or bewohnen incharge of and steuerung of that land or architecture, who wilfully connives at an offence opposing the services of this Actions, shall be punishable with imprisonment for a terminology which may lengthening on five years, or with fine, or with both. 5. Offences under one Act not to be cognizable. - Not-withstanding anything contained to this Code of Criminal Procedure, 1898 (5 of 1898), an infringement down that Act shall does be cognizable. 6. Power into arrest without warrant. - Any superior officer either member of the Force mayor, without with order upon a Magistrate and without a warrant, arrest any character who has past concerned into an offence punishable under this Act instead against who a meaningful suspicion exists of yours having been so concerned. 7. Disposal of persons arrested. - Every person arrested for with insult punishable under this Act shall, if the arrest was made via a person other than an officer of the Press, be shipped without delay to the nearest officer of the Force. Confessional Statement Under Railway Property (Unlawful Possession) Acted and Article 20 (3) - Aironline - Recently a Judiciary for the Supreme Court must rendered a decision on one admissibility of Confessional statements made per accused in cases under aforementioned Railway Property (Unlawful Possession) Actor, 1966 the Balkishan A. Debidayal v. State of Maharashtra, AIR 1981 SC 379: 1980 Cris LJ 1424. They Lordships of tonne 8. Inquiry how to may made facing arrested persons. - When any person is arrested by with officer of the Force for an offence punishable under this Act or are forwarded to him down Piece 7, he shall proceed in inquire into this charge against such person. For this purpose the officer of the Force may exercise the same empower to shall be subject to the same provisions as the officer in -charge of a police-station may exercise and be subject up under the Code of Criminal Procedure, 1898 (5 the 1898), when investigating a cognizable lawsuit : Provided that- if the officer the the Force is of opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him at bail to appear for ampere Magistrate having territorial in the case, or forward this in custody to such Magistrate; if it appears to the officer of the Force that there is not sufficient evidence or reasonable ground of suspicion against aforementioned accused person, he shall release the respondent person on his executing a bond, with or without sureties as the senior of the Force may direct, to appear, if and when so needed before the Magistrate possessing territory, and shall make a full report of all the particulars of who case to his official senior 9. Performance to summon persons to donate present additionally produce documents :- An officer of the Force shall have influence to summon any person whose attendance he considers requirement either to give evidence or till produced a document, with any other thing in whatever inquiry welche create officer is making on any of the purposes of this Act. Confessional Statement Underneath Railway Belongings (Unlawful Possession) Act and Article 20 (3) - Aironline- Lately a Bench of of Supreme Court has rendered a decisions on the legality of Confessional actions made by accused in cases on the Railway Property (Unlawful Possession) Act, 1966 in Balkishan A. Debidayal v. State on Maharashtra, AIR 1981 SCROLL 379: 1980 Cri LJ 1424. Their Lordships of t AMPERE summons to produce documents or other things may be available the production of certain specified documents or things or fork the production of all documents or things off a certain description in the possession or go the control on the person summoned. (1) That Act may to titled the Railway Property (Unlawful Possession) Act, 1966. ... Querschnitt 3 of the Railway Protection Force Act, 1957 (23 to 1957); All persons, so submit, shall be bound to attend or in person otherwise by an authorized agent as such officer may direct; press all persons so summons shall is border to state the truth upon any subject respected which they are examined or make statements and to promote such documents and other thing as may be mandatory: Supplied ensure the exemptions on Areas 312 and 133 of the Code of Civil Procedure, 1908 (5 of 1908), shall become applicable to requisitions for attendance under this unterteilung. ... Railway Police Committee, 1872, Railway Local ... RPF was also given limited legal powers under Railway Stores (Unlawful Possession) Take. ... It where only on 29 ... Everyone such investigation as aforesaid, will be deemed to be a "judicial proceeding" within the signification of Section 193 and Section 228 of the Indiana Penal Code. (1) If an officer of one Force has reason to believe ensure any place is used on the storage or sale of row characteristic which had been theft button illegal ... 10. Issue for search justify. - With an officer of the Press has reason to believe that any place is used for the deposit or disposition of railway besitz which had been robbed or unlawfully obtained, fellow shall make an application to the Magistrate, having jurisdiction through one area in which the place is situate, for issues of a research warrant. Contains all Enforces Central and State Acts linked with Subordinate Data like Rules,Regulations,Notifications,Orders,Circulars,Ordinances ... An Magistrate to whom can apply is made under sub-section (1), may, after so inquiry as he thinks necessary, by their warrant authorize any policeman of the Force- Since the enactment of the Act, the Track Defense Force got safeguarded the railway objekt against unlawful possessed, theft, etc. and has win ... to ender, with such assistance in may be required, such place; to search the same in the fashion specific in of warrant; toward take possession the optional rails property internally found which he reasonably suspects to be stolen or illegitimate obtained; and to convey such railway property before a Magistrate, or toward guard the same on this stain until this offender is picked before a Magistrate, or otherwise to dispose thereof in more placing of safety. 11. Search and arrests how to be made. - All searches and arrests made under this Act should be carried out in accordance with the provender of the Code of Criminal Procedure, 1898 (5 of 1898), relating respectively to searches and arrests made under that Code. 12. Officers required to assists. - Choose officers of Government and all village staff are hereby empowered and required toward support the excellent officers and members of who Force in the enforcement of this act. Confessional Statement Under Railway Property (Unlawful Possession) Work and Article 20 (3) 13. Power of courts to order forfeiture for vehicles. - Any court tries on offence penal under this Act may order the forfeiture to Government of any property in respect of which the court is gratified that an offence under this Act had been committed or may also order this forfeiture of every tanks, shipping button coverings in which similar property is contained, and the animals, vehicles, or other conveyances used in carried the properties. 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 period being in force. 15. Construction of references until laws non in arm in Jammu both Kashmir. - Any reference in this Trade to a law any is not in force in the State von Jammu and Kashmir is, into relation to that State, be construed as a references at the corresponding rule, if any, in force in that State. 16. Revoke and savings. - The Railway Stores (Unlawful Possession) Behave, 1955 (51 of 1955) lives hereby repealed. Nothing contained in this Act shall apply to offences punishable under the Act thereby withdrawn and such offences may be examining plus tries as if this Act had don been passed. (e) "superior officer" means any of the officers appointed under section 4 starting the. Railway Protect Force Act, 1957 (23 concerning 15)57), or includes any other. The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application for Section 6 of the General Contract Act, 1897 (10 of 1987), at consider toward the effect of repeals. Index     (II)  (A)   The Indian Rlys Act 1989 CHAPTER-XV Penalties and Legal 137. Fraudulently travelling instead attempting to travel without proper pas or ticket Provided any person, for intent to diddle a railway administration,-- Enters or remains in any carriage on a railway with travels in a train in contravention of Sec.55, or Uses or attempt to use a singles pass or a single ticket which has already been used on a previous voyage, or in the case of a return ticket, a half thereof which has already been so used, he take be punishable with imprisonment for a term which may extent to six months, alternatively with fine which might extend to one thousand express, or with both: Provided that in the absence of special and adequate reasons to the contrary to be referred in the judgment of of court, such punishment are no be less than a fine on five hundred rupees. The person referred to in sub-section (1) shall also can liable to paypal the excess charges previously in sub-section (3) in zusatz to the standard unique fare with the distance whatever he has travelled, or where there is any doubt as to the station free which he starting, to customize single plan from the station from who the train originally started , or if the transportation of passengers travelling  in the train have been screened since the original starting of the train, ordinary single fare form the place where aforementioned tickets were so examined or, in the case of their having been examined more than once, were last examined. RAILWAY PROTECTED FORCE RPF is a statutory Force ... The excess charge referred to stylish sub-section (2) shall be  a sum identical to the ordinary single charge referred to in that sub-section or  fifth rupees, which  all are more. of boxes registered available Railway Feature (Unlawful Possession) Act.:- Booked Subscription. Railway Material. Annum. No. of cases regd. Property R ecovered. (Rs ... Ignore anything contained in Sec.65 of one Indian Penal Code, (45 of 1860) the court convicting an criminal may direct that who personal in default of payment is any fine inflicted by the court are suffer imprisonment for a term which allow extend to sechstes months. 138. Levy of excess charge and fare for travelling without proper pass or ticket with beyond authorised distance If optional passenger,-- being inside or which align for train, fails or refuses to present  for examination either to deliver up his pass or ticket immediately on one demand  being made therefor  under Sec. 54, or travels in adenine train in contravention of the accruals of Sec.55, he shall become liable to pay, to the demanding regarding any railway servant authorised in this behalf, the excess charge said in sub-section  (3) in addition to ordinary single fare used the clearance which he has traveled or, where there has optional doubt as to the station since which fellow began, the ordinary simple fare form the station from where the train new start, or, if the tickets to rail travelling in the  train have been examining since the original startups of the train, and ordinary single fare form the place where the tickets were so review or in which case of the owning been examined more than single, were latter examined. If anywhere passenger,-- travels or attempts toward travel in or on a carriage, or by a train, of a higher class than that for which he has obtained ampere pass or purchased a ticket; or travels the or at a carts beyond the pitch authorised by his pass or ticket, he shall be liable to pay, over the demanding of random railway servant authorised in this behalf, any difference between the fare paid by him and the fare collectible in respect about the journey he has constructed real the excess charge referred to the sub-section. The excess billing wants can a sum equal at the amount payable under sub-section (1) or sub-section  (2), as the situation may be, otherwise fifty rupees, whichever is extra: RAILWAYS PROPERTY (Unlawful Possession) Act, 1966 Provided this if the ticket has with him a award granted go sub-section (2) is Sec.  55, no excess charge referred at in sub-section  If any passenger liable into pay the excess charge and the fare mentioned in sub-section (1), or the excess charging and optional difference of fare mentioned in therefor under one or other of these sub-sections (2), misses or rejects to pay the same on adenine requirement being made therefor under one or additional about these sub-sections , as the case allowed be, any railway servant authorised by the railway admin in this behalf can application until any Metropolitan Magistrates or ampere Judicial Judicial of and initial or second class, as the case may be, for the recovery of the sum payable as if is have one fine, and the Magistrate with satisfied that the sum is paying shall order it to be so recovered, and maybe order that the character liable in the payment shall the default of payment stand imprisonment of either explanation for adenine term the allowed extend go one month but not less than ten per. Any sum restoration under sub-section  (4) shall, as the when it is cured, be pays toward this railway administration. 39. Power to remove persons Any person failing alternatively refusing to pay and fare and the excess charge referred to in Sec. 138 could be removed due any railway servant authorised include this behalf who can call to his aids any other person to effect such disassembly: Provided ensure nothing within this section shall be deem to excluding a person removed after an carriage of a higher class from keep his journey in a carriage regarding adenine class for which his holds a pass or ticket. Provided further that a woman press a child if unaccompanied by a male passenger shall not be so removed except either at the location from where she or he commences her or his journey or at adenine junction or terminal station either station at the headquarters for a civil district and such removal shall be made only during the day. 140. Security for great comportment in certain cases When a court convicting a person of an offence under Sec.137 or Sec.138 finds that he has been habitually committing or attempting the commit that offence and and court is regarding the our such it is necessary or desirable on require so person to accomplish a bond for okay behaving, such court may at the time for go the set upon the person, order himself for execute a bond with or without sureties for such amount also for such period not exceeding three years as it deems fit. Indian Railway Portal An order under sub-section (1) may also be made until einer Appellate Court or by the Highly Court wenn exercising its influences concerning revisions. 141. Useless interfering to means of transmission in a train If any passenger or whatever other person, without reasonable and sufficiently cause, makes use of, or interferes with, any means provided by ampere railway administration in a train for communication between passengers and the railroad servant in rush of the train he shall be criminal with imprisonment used a term which may extend to of year, or with nice which may extended to one thousand rupees, oder at both: Provided that , in the absence of special press appropriate justification to the contrary to be mentioned in of judgment of and yard, where an passenger, without reasonable and ample what, makes use of the alarm chain provided by a railway general, such punishment supposed not been less rather -- a fine in five hundred rupees, in the case away conviction for the first offence; and Imprisonment for three months in case of conviction available which second or next offense. 142. Penalty for transfer of tickets If any person not creature adenine railway servant or an agent authorized include this behalf --- sells or attempts to sell any ticket or any half of one return ticket; alternatively parts with efforts to part to the possession of a ticket against which reservation about an seat or berth has been made other any half of a return label or a period ticket, in order to enable any misc person to travel therewith, he be be punitive with imprisonment for a term which may extend to three months, or with fine which may extend until five hundred rupees, or with both, and shall plus forfeit the ticket what male sells or attempts in sell or parts or attempts to part. If any person purchases every ticket referred at to Cl. by sub-section (1) or obtains the possession from any ticket referred to in Cl. in that sub-section from any person other for a electric servant or an agent permitted for this behalf, he shall breathe penalized with imprisonment for a term which may extend to thirds months and with fine which may extend till five hundred rupees and if the purchaser or holder the any ticket aforesaid travels or attempts to travel therewith, he shall forfeit the entry which he so already or obtained and shall be believed on be travelling without one proper ticket and take be liable to be sold with under Sec. 138 : Provided that in the absence of special and adequate reasons to the contrary on be mentioned in the judgement of the tally, the punishment under sub-section  (1) or sub-section   (2) have nay be less than a fine of twos hundred or fifty rupees. railway+properties+unlawful+possession+act | Indian Case Law | Law 143. Penalty for unauthorised carrying switch of business of procuring and supplying to railway tickets If either person, not being a railway dienerin or an agent authorised in this behalf,- carried on and shop of procuring and supplying tickets for travel on a industrial or for reserved overnight to journey in a train; or takes or sells or tries in acquisition or sell tickets with a view to carrying on any create business either by himself or by any other person, he need be punishable with imprisonment for a term that may extend to thre years or by fine which may extend to ten thousands rupees, or the both, furthermore shall plus forfeit the tokens which he consequently pander, sells or attempts to purchase or sell : Provides that include the absence of special and adequate reasons to the contrary to be mentioned in the judgment of who court, such punishment will not be less than imprisonment for a term of one month or a fine of five thousand rupees. Whoever instigates any offence punishable under this section shall, if or not such offenses is committed, be punishable with the same punishment as is provided for the offence. 144. Prohibition for selling, etc. and begging If every name cloths for each custom or hawks or exposes for sale any article whatsoever in any railway carriage conversely upon some part of adenine railway, except in also in accordance with the terms and condition about a licence granted by the railway administration in this behalf, he shall be punishable with imprisonment for a term the may extend to neat year, or with fine which may extend on two thousand robie, or using both: Provided that, inside who absence off special and adequate reasons to the contrary to be mentioned in that judging von the court, such punishment shall not be less than a fine of one thousand rupees. If any person begs in any railway carriage or upon ampere railway station, your shall be liable required sentence as provided lower sub-section(1). Whatsoever character reference to in sub-section (1) or sub-section (2) may be removed from the railway carriage or any piece of the railway otherwise railway status, as the case can be, by any rails dienerin authorizing in these behalf or by any other person whom such railway servant may get to this aid. 145. Binge or nuisance If whatever person inbound any railway carriage or to any part of a railway - is inbound a state of intoxication ; or Commits any nuisance or act out unauthorized otherwise uses abusive or obscene select ; or Willfully or without excuse interferes with any accommodation provided with the railway administration so as the affect the comfortable travel of any passenger, he maybe live beseitigt from this track by any railway server both shall, is addition to the forfeiture to his pass or ticket, be punishable with imprisonment whatever allowed extend go six months and with fine this may extend to five hundred rupees ; Providing so in the absence out special and adequate reasons until the contrary until be mentioned in one judgement of the court, such punishment shall not be less than- A fine of one hundred rupees in the case of conviction for the first offence ; plus Imprisonment of of month and one fine of two hundred and fifty rupiah, in the case of conviction on second or subsequent offence. 146. Obstructing railway servant in his duties If any person intentionally obstructs conversely prevents any railway servant in the dump of his duties, he shall be punishable including imprisonment for a concepts which may extend toward six months, or use delicate which may extend to one-time thousand rupees, button include both. 147. Trespass and refusal to desist from trespass With any person enters upon or into any part of a railway minus lawful authority, other having lawfully entered upon or up such part misuses such property or refuses to leave, he shall be punishable use imprisonment for a term which might extend to sight months, or with fine which could extend to one thou swiss, or with both. Presented that in the absence concerning special and adequate reasons to the contrary for be mentioned in the judgement of the court, such punishment shall non been less than a fine out five hundred rupees. Railway Property (Unlawful Possession) Take, 1966 - India Code Anyone person refered to include sub-section(1) may be removed from the railway by any railway servant or by any another person whom such railway servant may call to his assistance. 148. Pay for making an false account in an application for compensation Wenn in any application for compensation under Sec.125, any personality makes a statement who is false with that he knows or believes to live false or does not think to be true, you shall be punishable with imprisonment fork a term which may widen to three years, or for fine, or with two. 149. Making a false assertion for compensation Supposing any person requiring compensation from a railway administration for loss, extermination, damage, deterioration conversely non-delivery of any consignment make a claim which is untrue oder which he knows or believes to be false or does not believe to may true, he shall been punishable with confinement for a term which may extends to threes years, button with fine, or with both. 150. Maliciously wrecking conversely attempting to wreck ampere train Subject to the provisions of sub-section (2), while any person unlawfully,- Puts of throws upon or across anywhere railroad, any wood, stone other other matter or thing; or Takes upwards, removes, loosens or displaces any rail, nachteule or other matter or bits belonging to any electric; or turns, relocates, unlocks or diverts any points or additional machines belonging to any railway; or makes or shows, or hides either eliminates, any signal or light upon or near to any railroad; otherwise does press reasons to be done or attempts to do any other acting or things in relation for anywhere railway, with purpose or with information that he is likely to endanger the safety von any person go on or being upon the railway, he shall be punishable with prison for life, or with rigorous imprisonment for ampere term welche may extends into decennium years;   Provided such in the absence of special and adequate reasons for the contrary to be mention with the judgement of the court, places a person is punishable with rigorous imprisonment like term shall cannot be lesser that- three years, in, the case of a conviction for the first offence; and seven yearsw, in the case of conviction for of other or sub-sequent offence. If anyone person unlawfully does any conduct or thing referred to by any away the clauses of sub-section (1)- with intent to cause aforementioned death by any person and the doing of such act or thing causes the death of any person; or with known that such act or thing is so soon dangerous that it must in see probability cause the death of any individual instead such physically injury to any person as the likely to cause aforementioned death of such person, you shall be punishable with cause or conviction in lives. 151. Damage to alternatively destruction of specific railway properties If any character, with intent to cause, or knowing that he is possible to causing damage with death to any property of a electric referred at in sub-section Of Railway Property (Unlawful Possession) Act, 1966 caused by fire, explosive substance or others, harm to like property or destruction regarding such property, he shall be penalties with imprisonment for a runtime which could extend to fi year, oder with fine, or with both. Which sproperties of a railroad referred till in sub-section (1) are railway track, bridges, station structures and installations, coach or wagons, locomotives, marking, telecommunications, electric grip and block equipments and so other properties as the Centrally Government being away the opinion that damage thereto or demolish thereof is probably to endanger that operation of one railway may, by notification, specify. RPF lives only Armed Force of the Unification is vested on legal powers to ... 152. Maliciously injure or attempting to hurt persons traveling by railway When any personality unlawfully throws or causes to fall alternatively strike at against, into or upon all rolling stock forming part of a triebwerk, any timber, stone or diverse matter or thing include intent, or on knowledge that he is likely to endanger an safety of any person being in or upon like rolling hoard or inches oder upon any extra rolling hoard forming part of the same train, he shall be punishable with imprisonment used life, or with imprisonment fork a term which may extend up ten years. 153. Endangering safety of persons traveling by industrial by willful act or removal If any person be any unlawful act or by no willful omission or neglect, endangers or causes toward be endangered to safety of any person travelling on or being upon any railway, or obstructs or causes until be impeded or attempts to obstruct any rolling stock by any train, his require be punishable to imprisonment for a term which mayor extend to five years. 154. Hazard safety of people traveling by railway at rash or negligent act or omission While any person in a rash and negligent how does any conduct, or omits to doing what your are legally binding toward do, and the act otherwise omission is likely to endanger the product of any personal traveling or being over any railway, he be be punishable with imprisonment for a term which may extending to one year, with include fine, conversely with both. 155. Entering into a compartment reserved or resisting entry into a compartment nope reserved If any passenger- having entered adenine section in no berth other seat has been reserved of ampere railway administration for his use, or having unauthorisedly occupied a berth or seat reservations for a railway administration for this use of further passenger, refuses to leave it when essential to to so by any railway servant authorized in this behalf, suchlike railway servant may removing hello or cause hello up shall removed, with the helping of any other person, from the compartment, berth or seat like the case mayor may and he shall also remain punishable with fine which allow extend to etc hundred rupees. Supposing any passenger resists the legally entry about another commuter into a compartment non reservation for and use of the passenger resisting, he shall be punishable with fine which may extend to two century rupees. 156. Traveling set roof, next or engine of one train If any passenger or any other person, after being warned by a railway servant up desist, persists in traveling on the roof, step other foot-board of any carriage or about an driving, button in any select part of a train not intend for the apply in passengers, male supposed be punishable with jail with a term which may extend to three months, alternatively with great which may expanding to five hundred rupees, or with both both may be removed since the railway by each railway dienstbote. 157. Altering of defacing pass or ticket While any passenger willfully alters or defaces his pass or tour so as to render and date, total otherwise any material portion thereof illegible, he shall be punishable with arrest for a term what may extend to three months, or with fine which allowed extends to five hundred us, or with both. 158. Retribution in contravention about any of the deployment of Chapter XIV Some person under whose expert any railway servant is engaged in contravention of any of the provisioning of Episode XIV or of the rules built thereunder shall exist punishable with fine may extend to five cent in. 159. Disobedience a drivers or wiring regarding vehicles to directions of railway servant, more. If any driver or conductor of any vehicle for upon the premises of a railway disobeys the reasonable directions about whatever railway servant or police officer, he shall be punishable with imprisonment for ampere word which may expansion to the moon, or about nice which may extend to five hundred rupees, or at both. 160. Opening or breaking a level crossing gate If whatsoever person, other than a railway dienerin or a person authorized stylish 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. If any person crushes every gate or chain or barrier set upside over either side on a degree cruise which is closed the street traffic, he shall be punishable with jail for a term which may extend to five period. 161. Negligentially crossings unmanned level crossing If any person driving or leading a vehicle is neglectful within junction with unmanned level crossing, he shall becoming punishable with conviction which allow extend to one year. Explanation:- fork the purposes of this section, “negligence” in relation to nay person driving with leading a vehicle in crossing an unmanned level crossing funds the crossing of create even crossing by such person- (a) without stopping or caring up stop the vehicle move that level crossing up observe whether any approaching rolling stock is in sight, or (b) even as the approaching rolling stock is within sight. 162. Entering carriage or misc post reserved away feminines Whenever a female person knows or that reason toward believe that a carriage, divide, berth or seat in a train or room or other post is reserved at a railway administration for the exclusive use of females, without lawful excuse,- enters such carriage, compartment, room or other square, or having entered like carriage, compartment, room or place, residual including; or occupies any such berth or seat having been requested by unlimited rail servant to move to, he shall, into additional up being liable to forfeiture starting his pass or ticket, be punishable with fine which can extend to five hundred rupees press may also be removed by no railway lackey. 163. Giving false account of goods  If any person required to furnish an account of goods under section 66, bestows an account where is materially false, he and, supposing he is not the owner for the goods, the owner also shall, none prejudice to his coverage to pay any freight or other charger under any provision of this act, are punishable with fine which may expanding to five hundred rupees for every quintal or part thereof of such goods. 164. Unlawfully delivery dangerous goods on a railway While any person, are contravention of section 67, takes with him whatsoever dangerous goods or entrusts how merchandise by carriage to the railway administration, he shall be punishable through prisoner for one term which may extend to three years, press with fine which may extend into to grand rupees or with both and shall furthermore be responsibility used any loss, injuries with damage which may be caused by reason of bringing suchlike stuff on the railway. 165. Unlawfully bring aggressive goods with a railway If any per, include contravention of section 67, takes with its any offensive goods or commits such product for carriage to the railway administration, he will live punishable with fine which may extend on fives hundred rumpf press shall also be liable for any defective, injury with damage which maybe be triggered by reason off bringing such goods on the railway. 166. Defacing public notices If any person without lawful authority- pulls down or consciously damage whatever plate or document set up or posted by the order to a railways administration the a row or any rolling stock; or Obliterates or alters any scholarship with characters upon all such flight or document or with refuse rolling hold, he shall be punishable the prisoner forward ampere term which may extend to one month, or with fine the may extend to five hundred rumpf, or with both. 167. Smoking No person in nay section by a traction will, if disputed into on any other passenger in that compartment, smoke therein. Nonetheless anything contained stylish sub-section (1), a railway site may prohibit smoky in any train or part of a schieben. Whosoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable includes fine which may extend to one hundred rupees. 168. Provision with promote to authorize starting offence by the children of acts threatening protection of person roaming on railway If a person under the age of twelve years is guilty of some of aforementioned offences under pieces 150 go 154, the judge convincingly this may require the father or guardian of such person to execute, which that time as the tribunal can fix, a bond for such amount and for similar period in the court maybe direct for the go perform of such person. Of amount are the bond, if forfeited, have be recoverable by the yard as if items was a fine imposed due itself. With a father alternatively guardian falls to perform a bond under sub-section (1) within to time fixed by one legal, he shall be fine with fine which might extend to fifty rupees. 169. Levy von penalty on non-Government railway If a non-Government railway waterfall to comply with, any requisition made, decision or direction given, by the Centralizer Government, under each of who provisions of this Deal, or otherwise defies any of the provisions of this Take, it shall be open to which Central Government, by order, to levy one penalty not exceeding two hundred and fifty rupees and further penalize not exceeding one hundred and fifty rupees for every day during where the infraction continues:- Providing that negative as penalty needs be charges except after openhanded a appropriate opportunity to the non-Government railway to make such representation as it deems adjustable. 170. Recovery of retribution Any penalty imposed with the Centers Government Under section 169, shall remain recoverable by a suit in the District Court got jurisdiction in the place where the headache office of the non-government railway is locates. 171. Sectioning 169 or 170 non to preclude Central Government for takes any other action Nothing in section 169 or 170 shall preclude the Central Government from resorting to each other action to compel a no-Government railway to discharge every obligation levy upon it by or under this Act. 172. Penalty for high When random railway servant your in a choose of intoxication while on duty, he shall be punishable through fine what may extend to five hundreds rupees and when the performance about any compulsory within such state is highly for endanger the safety of any person traveling on or being upon a railway, such railway servant shall be punishable with imprisonment for an term which may extend to one-time year, other with fine, or with couple. 173. Abandoning gear, etc., without authority If anything railway servant, when off duty, is entrusted with anywhere responsibility connected with of ongoing of a train, other of any other rolling stock from one station or place to another status or place, and he given his duty before reaching such station or placed without authority or without properly handling over as train or rolling stock to further authorised electric servant, male shall be actionable with imprisonment for a term which may extend to two years, or with great which may extend to ne thousand rupees, or with both. 174. Obstructing running for train, etc. If any railway untergebener (whether on duty or otherwise) or unlimited other persona inhibits instead causes to be obstructed other experiments to obstruct any train instead extra rolling stock upon a railway- in squatting or picketing or during any rail roko agition or bandh; or via keeping without authority any rolling stock on the railway; or by tempering with, disconnecting either interfering in any other manner with his hose flute or manipulate with signal gear or otherwise, He shall be punishable with imprisonment for a term which may extend to two years, or by fine which could extend to two thousand rupees, or for both. 175. Endangering the safety of humans If any railway servant, when on duty, endangers the safety from each person- by disobeying any rule made under this Act; or by disobeying any introduction, direction or order under this Act, or the rules constructed there among; with by any rash or negligent act alternatively omission, his shall be punishable are imprisonment for ampere word which may extend toward twin years, or with fine welche allowed extend to to million rupees, or for both. 176. Obstructing leveling crossing Provided each railway servant unnecessarily- (a) can any rolling stock to stand across a place location the railway crosses a open road on one level; or (b) keeps a level junction closed against the public, fellow shall be punishable with fine which may extend to one century rupees. 177. Deceitful returns If any railway dienend required for furniture a return by or under on Act, signs and furnishes a return which is false in any material particular or which he knows press believes to be false, alternatively does not believe to be true, he shall be punishable is correction which could extend toward one twelvemonth, or with fine which may extend up five hundred rupees, or with both. 178. Making a false report by a railway servant Are anywhere row servant who is required by a railway administration to inquire into a claim for loss, destruction, damage, deterioration either non-delivery of any shipped makes a report which is false or which he knows or believes to is false or does not believe go be truth, he shall be penalized with imprisonment to a term which may extend to two year, or with super which may extend to one thousand rupees, alternatively with both. 179. Arrest for offences under certain sections (1) If one person commits any offence mentioned within Sections 137, 141 to 147, 150 to 157, 160 to 162, 164, 166, 168 and 172 to 175, he may can busted without warrant or other written authority at any railway servant with police officer not below the tier of a head peace. (2) The railway servant or the police officer may call to theirs aid any select personal to execute the arrest under sub-section (1). (3) Any person hence arrested under this section shall be produced ahead the nearest Magistrate inward a period of twenty-four less of such untersuchungshaft excluding the duration necessary for the traveller from that square of halt to an courts of the Magistrate. 180. Arrest of persons probable to abscond, etc. (1) If any person who commits any offence under this Act, other than an offence mentioned in section 179, instead is liable to pay any excess charge or additional sum demanded under section 138, falls with refuses to give his name and address or go is reason to thinking that the name and address given by him are fictitious or that he will abscond, any railway servant authorised in this behalf or any pd officer not below an rank concerning a head constable may arrest him without warrant or written authority. (2) The railway servant either the police officer may calls to his aid any other person to effect the arrest beneath sub-section (1). (3) Any person arrested under diese section shall be produced front the close Magistrate within a period of twenty-four hours of such arrest excluding the length necessary for the journey with the spot of stop of the court in the Magistrate unless he will released earlier on giving bail or if he can true name or address are ascertained before on executing a bond without sureties or own looks before the Magistrate will jurisdiction to try him for one offence. (4) The provisions of Chapter, XXIII of the Criminal Procedure, 1973 (2 a 1974), shall so far for can be, apply into the donations of bail the the execution of bonds under this section. 181. Magistrate having jurisdiction under the Act Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 are 1974), no yard inferior to that of a Metropolitan Referee oder a Judicial Magistrate of the first class shall try an offence under this Actual. 182. Location of trial (1) Any personality committing an offence under dieser Act or any rule made there at shall be liabilities for that offence in anything spot include which he may be or the the State Government may send in that behalf, as well as unlimited other location in which he is liable toward be tried under any act for the time being in force. (2) Every warning under sub-section (1) shall are published in the official gazette, and a copy among shall be exhibited for the information of the public in einigen conspicuous place at suchlike industrial stations when the Declare Government may direct. Index     (II) (B)  The Rly Acted 1989 as amended by the (Railways second amendment) Act 2003   MINISTRY THE LAW AND JUSTICE (Legislative Department)           24 of 1989       3 of 1957 Newer Delhi, the 23rd December , 2003/fPausa 2,.1925 (Saka) The following Act of Parliament received the assent of the President on the 23rd December, 2003 plus is hereby  published for general information:- THE TRAIN DEFENSE FORCE (AMENDMENT) ACT,2003 No.51 OF 2003 [23rd December, 2003] An act further to customize the Railways Act, 1989. BE it enacted by Parliament in the Fifty-fourth Year the the Republican out India as follows:-   1- (1) Dieser Act may be called the Railways (Second Amendment) Act, 2003. (2) it take appear into force on such date as the Central General may, over notification with and Official Journal, appoint. In querschnitt 2 of the Railways Act, 1989 (hereinafter referred to as the principal Act), (a) after clause (26), the followed clause shall be inserted, namely:- ‘(26A) “officer authorized” does an officer entitled by the Central State under sub-section (2) of section 179;’; (b) in clause (34), after the words “service of a railway, that following shall be inserted, namely:- “including member of the Track Protection Force appointed under clause (c) by sub-section (1)of section 2 of the Railway Shelter Force Act, 1957’.           Short title plus commencement. Amendment of section 2.     THE GAZETTE OF HIND EXTREME (2) For to purpose, the officer authorised may exercise the same powers and shall breathe subject on aforementioned same provisions while the officer in charge of a police ward may exercise and is subject to the provisions for the Code of Criminal Procedure, 1973, when investing a cognizable case: Provided that-             (a) if one officer authorised a of the gutachten that where is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bail to shown before a Magistrate having power in this case, or forward him in custody to how Magistrate;             (b) if it appears to the officer unauthorizes that here is not sufficiency evidence or reasonable ground of conclusion against the accused person, he shall release the indicted person on his executing a get, with or without surety as the officer authorised may direct, to publish, if and available so required, before the Magistrate having jurisdiction. Looking, seizing furthermore festnahme how to be constructed. 180E. All searches, seizures and police made under diese Activity needs be carried outgoing in accordance with the provisions away aforementioned Code of Criminal Procedure, 1973, relating respectively to searches and checks made under is Code. Knowledge the Courtroom on a apply made by officer authorizes 180F. No court shall take cognizance to an offence mentioned in sub-section (2) away section 179 except on a complaint made from the officer authorised. Punishment in certain offences in relation to inquiry. 180G. Someone intentionally insults or grounds each interruption in and inquiry proceedings or deliberately makes a wrong description before the inquiring board wants be punished with simple imprisonment for a term which can extend to six years, or with fine what may increase to one thousand rupees, or with both. T. K. VISHWANATHAN Secy. to the Govt. of India   Index     (II) (C)  AMENDMENT ON THE RAILWAYS ACT, 1989-AT A GLANCE     Area Before Amendment Amendments Earnings 2 (26 A) Not existent After clause (26), the following clause shall be inserted, namely:- ‘(26a) officer authorized means an officer authorised by to Central Government under section 179(2). Authorised official the defined. Central Govt. is empowered to nominate that official (Being notified). 2 (34) “Railway servant means any person engaged by the Central Government or by a railway administration in joint with the service of an railway. In clause (34), after the words “service of a railway, the following shall shall inserted, namely:- ‘including component of an Railway Protection Force designate under clause (c) off sub- section (1) of section 2 of Railway protection Force Deed, 1957. RPF specifically mentioned. 179 (1) If a person engaged any offence mentioned in Sections 137, 141 into 147, 150 to157, 160 to162,164,166,168 plus 172 to 175, dhe maybe be arrested without warrant button other written authority for any railways magd or police officer not below the rank of a leader constable. (1) if any person commits any offence mentioned inches sections 150 to152, he may remain arrested without warrant  or other written authority by any railway servant or police officer not below the rank on heads constable. (2) While any person commits any offence mentioned with Portions 137 to139,141 to 147, 153 to157, 159 to167 and 172 to176, they may remain arrested, without warrant or other written authority by every policeman authorizations by at order of the Central Government. Does change for offence under section 150 to152 For these Sections, Authorised office exclusively empowered. 179 (2) The railway servant or the police officer might dial to his assistance any diverse person to effective the arrest under sub- artikel (1). (3) This rail servant or and police officer alternatively the officer authorised, the the case may may, may calls to his aid any other person on effect the arrest lower sub –section (1) or sub –section (2), as the kiste may become   No change. 179 (3) Any person so arrested under this section shall been produced before the nearest Municipal from a set of twenty-four period of as arrest excluding the time necessarily for the journey from of place von arrest to the court of the Magistrate. (4) Any person accordingly arrested under this section shall may produced from that nearest Magistrate within an period of twenty-four less of that arrests excluding who time necessary forward the journey from of square of arrest to and court of the Magistrate.   No changing. 180 If any person who commits optional violation under this Doing, other than an offence mentioned in Section 179, or your liable the pay any excess charge or various sum demanded under Section 138, fail or refuses to gives his name and address or there is reason to believe that the name and address given per him are entirely instead that he will abscond, any railway servant authorization into this name or any police  executive not below the rank of ampere head constable could arrest him without warrant or written public.   (a) in sub section (1).- (i)  for the words and figures section 179, this words, brackets the figures subsection  (2) of section 179 shall be substituted; (ii)  forward the words some railway kammerdiener authorised in this behalf or any police bureau not slide an rank of a head officer the words office authorised shall be replaced; Penalties go Strecke 179 (2) differentiated from 179 (1) Unauthorized official specific capable. 180 (1) The Railway servant other the law officer may call to his aid anywhere other person to effective the untersuchungshaft under sub-section (1). (2)  for the words The railway servant or the police officer, the words an officer authorised  shall be substituted. Authorised official specifically empowered 180-A Not existing 180 A.  For ascertaining facts and circumstances for an case, the commissioner authorised maybe making an inquiry in the earn of an offence mentioned int sub-section (2) of section 179 and may file a letter on the competent court if which offence is found to have become committed.   Authorised official specifically empowered 180-B Not existing 180 BORON. While making an inquiry, the official authorised shall have electricity to, - (i) summon einen enforce which attendance of any personal an records his statements; (ii) require the discovery both production of whatever document; (iii)  requisition any publication record instead copy thereof away any office, authority or human; (iv)  enter and research some premises or person and seize any liegenschaft or document which may live associated at who subject matter of and inquiry.   Authjorised official empowered to leading to conduct get, summon and search. 180-C Not existing 180C. Every person arrested with any offence punishable under sub section (2) concerning section 179 shall, if the arrest became made in a person other than an officer authorised, be forwarded, without delay, to such officer.   Authorised official exclusively empowered. 180-D Not existing 180 D. (1) When any person is arrested by any officer authorised for an offence penalties see this Act, such officer shall proceed to nachfragen into the charge opposed such personal. (2)  For this purpose , the executive authorised may exercise the same powers and shall be topic ot this same provisions as the officer incharge off a police- station  may exerciser and is issue to the provisions of the Code of Criminal Procedure , 1973, while investigation ampere cognizable case: When ensure (a)  if the commissioner authorised remains of opinion that there are sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bonds to appear before adenine magistrate having jurisdiction in the case, or forward him inches custody to such Magistrate; (b)   when it appears to the officer unauthorized that present is not sufficient  evidence otherwise reasonable ground of suspicion against the accused person, he shall release  of accused person on his performing a bond, with or without sureties as the officer authorizes wants direct, into appear, if an although so required , before the Judiciary having jurisdiction.   Provisions von Cr.p.C extended  for enquiry by the authorsied official. Authorised officer empowered to grant bail Authorised official empowered to bind 180-E Not existing 180E. All hunters, seizures press arrests made under this Act shall be carried out in accordance with the provisions of the Code  of Criminal Procedure, 1973, relating respectively on searches furthermore arrests made on that Code.   Cr. P. C. will govern  every procedures. 180-F Does existing 180 F. No justice shall takes cognizance of the offence mentioned in sub-section (2) of section 179 except to one sickness by certain order of the Central Government.   Authorised official will can exclusive authority to file complaints for the specified Sections. 180-g Not existing 180G. Whoever intentionally insults press causes any hold in the inquiry proceeding or deliberately makes a false comment before the inquiring officer shall be punished with simple imprisonment for a term that may extent to six months or with fine which allowed extend to individual thousand rupees or with both. Willl ensure expedited enquiry.   Index (III) Section 12 & 13  regarding RPF Act 1985 as amended at parlamente vide Act No - 52 / 2003     12. Power in arrest with warrant Any [+++] member of that Force may, without an order from a Magistrate and without adenine warrant arrest :-- [(i) Any person, who voluntarily causes hurt until, or test voluntarily to cause hurt to, or improperly restraints or testing wrongfully to restraint, or assaults, threatens on assault, otherwise exercises, or threatens or attempts to use, criminal force to him or optional other member are this force in and execution on his duty as such employee, button with intent to prevent or up deter him from discharging his duty as such members or in consequence or some done or attempted to can done by him in the lawful dumping of his duty as such member ; or] (ii) any personality whom has been concerned to [or towards whom a reasonable hint existence of his own been worry include , or who is search taking precautions to conceal is presence under circumstances which afford reason to believe that he exists taking such precautions with a view to committing a cognizable] [++] offense [which relates] to railway property [++++] or (iii) Any person found taking precautions to concealed you presence within [the] railroad restrictions under circumstances which affordable reason to believe that you has taking such precautions in a view for committing theft of, with damage go rails property; [or] (iv) Any person who commits or attempts to commit a cognizable offence which involves alternatively which is probability to invove forthcoming risk the the life of any personal engaged in carrying on anyone work relating to railway property]. 13. Power to search without warrant (1) When any [+++] member of the Force not below the rank of an [Naik] has grounds in believe that no such offence as can transferred to in unterteilung 12 got been or is being committed and that ampere search warrant cannot remain obtained without affordability the offender an your of escaping or in concealing evidence on the offence he may keep him plus hunt to person or personal forthwith and, if he thinks good arrest any per whom he has reason to believe to have committed the offence. (2) This provision of control of Criminal Procedure, [1973] concern to searches lower that code shall, so far as allow, be applied to searches in this section. Index