Revision of Key Provisions of The RA, 1989: Part II – Quick Compliance and Swift Resolution of Offences endangering safe travel

Admin

Mumbai: Central Railway wishes to notify the general public that several sections of The Railways Act, 1989 have been revised for effective compliance. The objective of the revision is to ensure stronger deterrence and quicker resolution against offences such as Smoking, Trespassing, Unauthorised Hawking, Begging and other unsafe travel practices.

Revised Provisions: Against Offences like Smoking and Other unsafe travel practices

A. Section 167–Smoking

  • Earlier Provision: Fine up to ₹100
  • Revised Provision: Penalty ₹2000. Forfeiture of pass/ticket and Removal form the premises. If fails to pay → Court will fine up to ₹5000.

B. Section 145–Drunkenness or Nuisance

  • Earlier Provision: Removal from railway premises, pass / ticket forfeited, Imprisonment upto 6 months and fine upto ₹500/- Minimum penalty ₹100 for 1st offence, For repeat offences 1 month imprisonment and fine ₹250/-
  • Revised Provision: Removal from railway premises, pass / ticket forfeited, simple imprisonment upto 24 hrs, fine upto ₹1000/- OR both OR with Community Service.
  • Continued nuisance: Imprisonment up to 6 months OR Fine up to ₹5000 OR both. Aligned with Sections- 355, 270, 292 & 293 of the Bhartiya Nyaya Sanhita-2023 (BNS).

C. Section 147–Trespass and refusal to desist from trespass

  • Earlier Provision: Imprisonment up to 6 months OR Fine up to ₹1000 or both with removal of the person from railway pemises for any part of railway. (Mininum fine ₹500).
  • Revised Provision: Tresspassing in Passenger area: Penalty ₹500 for refusal to leave.
  • Misusing of railway area-: Imprisonment up to 3 months OR Fine up to ₹5000 OR both. (Minimum fine ₹2000). Caution to be given first.
    Aligned with Sec 329 BNS.

D. Section 146–Obstructing railway servant in his duties

  • Earlier Provision: Imprisonment up to 6 months OR Fine up to ₹1000 OR both.
  • Revised Provision: Imprisonment up to 3 months, Fine up to ₹2500 OR both. Aligned with Sec 221 BNS.

E. Section 144–Begging and Unauthorised Hawking

  • Earlier Provision: Imprisonment up to 1 year OR Fine up to ₹2000 OR both.
  • Revised Provision: First 3 violations: Penalty ₹2000 each. If not paid → Imprisonment up to 3 months OR Fine up to ₹5000 OR both by court. Criminal provisions in case of non- payment of penalty.
  • 4th & subsequent offence: Imprisonment up to 1 year + Fine up to ₹5000. Kept as criminal offence for habitual offenders.
    Begging already decriminalized vide Jan Vishwas Act, 2023.

F. Section 165–Unlawfully bringing offensive goods

  • Earlier Provision: Fine up to ₹500 + Liabile for any injury or loss or damage. Will be considered as an offence under section 67.
  • Revised Provision: Penalty not less than ₹10,000 + Removal of goods + Liability for damage. If fails to pay → Court may order Imprisonment up to 1 year OR Fine not less than ₹10,000 OR both.

Appeal to Passengers

Central Railway urges all passengers and staff members to familiarize themselves with these updated provisions. Central Railway appeals to all passengers to always travel with valid tickets, respect reserved accommodations, avoid trespassing, unauthorised hawking, and smoking on railway premises, and cooperate with railway personnel to ensure a safe, smooth, and comfortable journey for everyone.