Liability of Railway Administration for Death and injury to Passengers due to Accidents.

123. Definitions- In this Chapter, unless the context otherwise requires-

    (a) "accident" means and accident of the nature described in Sec. 124;

    (b) "dependant" means any of the following relatives of a deceased passenger, namely:-

    (i) the wife, husband, son and daughter, and in case the deceased passenger is unmarried or is a minor, his parent;

    (ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a predeceased son, if dependent wholly or partly on the deceased passengers; 

    (iii) a minor child of a pre-deceased daughter, if wholly dependent on the deceased passenger;

    (iv) the paternal grand parent wholly dependent on the deceased passenger;

    (c) "untoward incident means"-

    (1) (i) the commission of a terrorist act within the meaning of sub-section (1) of Sec.3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987), or

         (ii) the making of a violent attack or the commission of robbery or dacoity; or

         (iii) the indulging in rioting, shoot-out or arson,

by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or

    (2) the accidental falling of any passengers from a train carrying passengers.

    124. Extent of liability- When in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or has suffered a loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such accident.

    124-A Compensation on account of untoward incidents-When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependent of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death, of or injury to, a passenger as a result of such untoward incident:

    Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to-

    (a) suicide or attempted suicide by him;

    (b) self-inflicted injury;

    (c)  his own criminal act;

    (d) any act committed by him in a state of intoxication or insanity:

    (e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.

Explanation-For the purposes of this section "passenger" includes-

    (i) a railway servant on duty; and

    (ii) a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.

125. Application for compensation- (1) An application for compensation under Sec.124[or Sec. 124-A] may be made to the Claims Tribunal-

    (a) by the person who has sustained the injury or suffered any loss, or

    (b) by any agent duly authorised by such person in this behalf, or

    (c) where such person is minor, by his guardian, or

    (d) where death has resulted from the accident [or the untoward incident] by any dependent of the deceased or where such a dependent is a minor, by his guardian.

(2) every application by a dependent for compensation under this section shall be for the benefit of every other dependent.

126. Interim relief by railway administration- (1) Where a person who has made an application for compensation under Sec. 125 desires to be paid interim relief, he may apply to the railway administration for payment of interim relief along with a copy of the application made under that section.

(2) Where, on the receipt of an application made under sub-section (1) and after making such inquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to be afforded to the  applicant immediately, it may, pending determination by the Claims Tribunal of the actual amount of compensation payable under Sec.124 [or sec.124-A] pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident , to any dependent of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as may  be prescribed.

(3) The railway administration shall, as soon, as may be, after making an order regarding payment of interim relief under sub-section (2), send a copy thereof to the Claims Tribunal.

 (4) Any sum paid by the railway administration under sub-section (2) shall be taken into account by the Claims Tribunal while determining the amount of compensation payable.

127. Determination of compensation in respect of any injury or loss of goods-(1) Subject to such rules as may be made, the rates of compensation payable in respect of any injury shall be determined by the Claims Tribunal.

(2) The compensation payable in respect of any loss of goods shall be such as the Claims Tribunal may, having regard to the circumstances of the case determine to be reasonable.

128. Saving as to certain rights-(1) The right of any person to claim compensation under Sec. 124 [or Sec.124-A] shall not affect the right of any such person to recover compensation payable under the Workmen's Compensation Act, 1923 (8 of 1923), or any other law for the time being in force; but no person shall be entitled to claim compensation more than once in respect of the same accident.

(2) Nothing in sub-section (1) shall affect the right of any person to claim compensation payable under any contract or scheme providing for payment of compensation for death or personal injury or for damage to property or any sum payable under any policy of insurance.

129. Power to make rules in respect of matters in this Chapter- (1) the Central Government may, by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

    (a) the compensation payable for death;

    (b) the nature of the injuries for which compensation shall be paid and the mount of such compensation.

 

Penalties and Offences

137. Fraudulently travelling 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 Sec.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 sub-section or fifty rupees, which ever is more.

(4) Notwithstanding anything contained inSec.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 travelling without proper pass or ticket or beyond authorised 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 therefore under Sec.54, or

    (b) travels in a train in contravention of the provisions of Sec. 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 passengers-

    (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 tickets; 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 maybe, or fifty rupees, whichever is more:

    Provided that if the passenger has with him a certificate granted under sub-section (2) of Sec.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  demand being made therefore under one or other of these sub-section, 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 team 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- Any person failing or refusing to pay the fare and the excess charge referred to inSec.138 may be removed by any railway servant authorised in this behalf who may call to his aid any other person to effect such removal:

    Provided that nothing in this section shall be deemed to prcelude a person removed from a carriage of a higher class from continuing his journey in a carriage of a class for which he holds a pass or tickets.

    Provided further that a woman or a child if unaccompanied by a male passenger, shall not be so removed except either at the station from where she or he commences her or his journey or at a junction or terminal station or station at the headquarters of a civil district and such removal shall be made only during the day.

140. Security for good behaviour in certain cases-(1) When a court convicting a person  of an offence under Sec.137 or Sec.138 finds that he has been habitually committing or attempting to commit that offence and the Court is of the opinion that it is necessary or desirable to require that person to execute a bond for good behaviour such court may at the time of passing the sentence on the person order him to execute a bond with or without sureties for such amount and for such period not exceeding three years as it deems fit.

2)    An order under sub-section 1 may also be made by an Apellate  Court or by the High Court when exercising its powers of revision.

141. Needlessly interfering with means of communication in a train - If any passenger or any other person, without reasonable and sufficient cause, makes use of, or interferes with, any means provided by a railway administration in a train for communication between passenger and the railway  servant in charge of the train he shall be punishable with imprisonment for a term which may extend to one year, 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, where a passenger without reasonable and sufficient cause, makes use of the alarm chain provided by a railway administration, such punishment shall not be less than -

a) a fine of five hundred rupees, in the case of conviction for the first offence; and

b) imprisonment for three months in case of conviction for the second or subsequent offence. 

142.    Penalty for transfer of ticket - 1) If any person not being a railway servant or an agent authorised in this behalf -

a)    sells or attempts to sell any ticket or any half of a return ticket ; or

b)    parts or attempts to part with the possession of a ticket against which reservation of a seat or berth has been made or any half of a return ticket or a season ticket,

in order to enable any other person to travel therewith, 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 shall also forfeit the ticket which he sells or attempts to sell or parts or attempts to part.

2) If any person purchases any ticket referred to in Cl. (a) of sub-section (1) or obtains the possession of any ticket referred to in Cl. (b) of that sub-sec. from any person other than a railway servant or an agent authorised in  this behalf, he shall be punishable imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees and if the purchaser or holder of any ticket aforesaid travels or attempts to travel therewith he shall forfeit the ticket which he so purchased or obtained and shall be deemed to be travelling without  a proper ticket and shall be  liable to be dealt with under sec. 138.

    Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court, the punishment  under sub sec. 1 or sub sec. 2 shall not be less than a fine of two hundred and fifty rupees.

143.    Penalty for unauthorised carrying on of business of procuring and supplying of  railway tickets-

1)    if any person not being a railway servant or an agent authorised in this behalf ,-

a) carries on the business of procuring and supplying tickets for travel on a railway or for reserved accommodation journey in a train; or

b)    purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person 

he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell :

    provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court, such punishment shall not be less than for  a term of one month or a fine of five thousand rupees.

2)    Whoever abets any offence punishable under this section shall, whether or not such offence is committed, be punishable with the same punishment as is provided for the offence.

144.    Prohibition on hawking etc. and begging -

1) if any person canvasses for any custom or hawks or exposes for sale any article what so ever in any railway carriage or upon any part of a railway except under and in accordance with the terms and conditions of a licence granted by the railway administration in this behalf, he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court. Such punishment shall not be less than a fine of one thousand rupees.

2)    if any person begs in any railway carriage or upon a railway station, he shall be liable for punishment as provided under sub sec.1.

3)    any person referred to in sub sec. 1 or sub sec.2 may be removed from the railway carriage or any part of the railway or railway station as the case may be by any railway servant authorised in this behalf or by any other person whom such railway servant may call to his aid.

145. Drunkenness or nuisance - if any person in any railway carriage or upon any part of a railway -

a)    is in a state of intoxication ; or

b)    commits any nuisance or act of indecency or uses abusive or obscene language or

c)    wilfully or without excuse interferes with any amenity provided by a railway administration so as to affect the comfortable travel of any passenger, he may be removed from the railway by  any railway servant and shall in addition to the forfeiture of his pass or ticket be punishable with imprisonment which may extend to six months and with fine which may extend to five hundred rupees. 

    Provided that in the absence of special  and adequate reasons to the reasons to be mentioned in the judgement of the court, such punishment shall not be less than 

a)    a fine of one hundred rupees in the case of conviction for the first offence and

b)    imprisonment of one month and a fine of two hundred and fifty rupees in the case of conviction for second or subsequent offence.

146.    Obstructing railway servant in his duties - If any person wilfully obstructs or prevents any railway servant in the discharge of his duties, 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.

147.    Trespass and refusal to desist from trespass - If any person enters upon or into any part of a railway without lawful authority or having lawfully entered upon or into such part misuses such property or refuses to leave, 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 judgement of the court, such punishment shall not be less than a fine of rupees five hundred .

2)    Any person referred to in sub sec. 1 may be removed from the railway by any railway servant or by any other person whom such railway servant may call to his aid.

148.    Penalty for making a false statement in an application for compensation - If in any application for compensation under section 125 any person makes a statement which is false or which he knows or believes to be falls or does not believed to be true, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

149.    Making a false claim for compensation -

        If any person requiring compensation from a railway administration for loss destruction damage, deterioration or non delivery or any consignment makes a claim which is false or which he knows or believes to be false or does not believes to be true, he shall be punishable with imprisonment for  term which may extend to three years or with fine or both.  

150.    Maliciously wrecking or attempting to wreck a train -

1) Subject to the provisions under sub sec. 2 if any person unlawfully -

a)    puts or throws upon or across any railways, any wood, stone or other matter or thing or

b)    takes up, removes, loosens or displaces any rail, sleeper or other matter or things belonging to any railway or

c)    turns, moves, unlocks or diverts any points or other machinery belonging to any railway or

d)    makes or shows or hides or removes any single or light upon near to any railway or

e)    does or causes to be done or attempts to do any other act or thing  in relation to any railway with intent or with knowledge that he is likely to endanger the safety or any person travelling or being upon the railway, he shall be punishable with imprisonment for life or with rigorous imprisonment for a term which may extend to ten years.

    Provided that in the absence of special or adequate reasons to the contrary  to be mentioned in the judgement of a court where a person is punishable with rigorous imprisonment, such imprisonment shall not be less than-

a) three years, in the case of a conviction for the first offence and

b) seven years in the case of conviction for the second  or subsequent offence

2.    if any person unlawfully does any act or thing referred to in any of the clauses of sub-section 1-

a_    with intent to cause the death of any person and the doing of such act or thing causes the death of any person ; or

b)    with knowledge that such act or thing is so imminently dangerous that it must in all probability cause the death of any person or such bodily injury to any person as is likely to cause the death of such person shall be punishable with death or imprisonment for life.

151.    Damage to or destruction of certain railway properties -

1)    if any person with intent to cause or knowing that he is likely to cause damage or destruction to any property of a railway referred to in sub section 2 caused by fire, explosive substance or otherwise, damage to such property or destruction to such property, he shall be punishable with imprisonment for a term which may extend to five years or with fine or with both.   

2)    the properties of a railway referred to in sub section 1 a railway track bridges, station, buildings and installations, carriages or wagons locomotives, signalling, telecommunications, electric traction and block equipments and such other properties as the Central Govt. being of the opinion that damage thereto or destruction thereof is likely to endanger the operation of  railway may, by notification, specify.

152.    Maliciously hurting or attempting to hurt persons travelling by railway - if any person unlawfully throws or causes to fall or strike at against, into or upon any rolling stock forming part of a train, any wood stone or other matter or thing with intend or with knowledge that he is likely to en danger the safety of any person being in or upon such rolling stock or in or upon any other rolling stock forming part of the same train, he shall be punishable with imprisonment for life or with imprisonment for a term which may extent to ten years.

153.    Endangering safety of persons travelling by railway by wilful act and omission- if any person by any unlawful act or by any wilfully omission or neglect endangers or causes to be endangered the safety of any person travelling on or being upon any railway, or obstruct 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 extent to five years.

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.

155.    Endangering 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 un authorizedly occupied a berth or seat reserved by railway administration for the use of another passenger refuses to leave it when required it 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.

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 thereof, step or footboard of any carriage or on an engine, or in any part of a train, not intended for the use of passengers, he shall be punishable with imprisonment for a term which may extent to three months, or with fine which may extend to five hundred rupees or with both or may be removed from the railway by railway servant.

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 extent to five hundred rupees or with both.

158    Penalty for contravention of any of the provision 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 there under shall be punishable with fine which may extend to five hundred rupees. .    

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