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Railway property includes any goods, money or valuable security or animals belonging to, or in the charge or possession of Railway administration.
Section 3 of Railway Property Unlawful possession Act:-
Whoever is found, or proved to have been, in possession of any Railway Property reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the "Railway property" came into his possession lawfully, be punishable
a) For the first offence,
with imprisonment for a term which may extend
to five years, or with fine, or with both and in the absence of special
and
adequate reason mentioned in the
judgement of the court, such
imprisonment shall not be less than one year and such fine shall
not be
less than one thousand rupees;
b) For the
second or a subsequent offence, with imprisonment for a term
which may extend to five years and also with fine and in the
absence of
special and adequate reason mentioned in
the judgement of the court,
such imprisonment shall not be less than two years
and such fine shall
not be less than two thousand rupees.
Powers of RPF
Any superior officer and member of the Force may
1. With out warrant form magistrate arrest persons found in unlawful
possession of
Railway Property according to section 6 of
RP(UP) Act. 1966
2. Search any place used for deposit or sale of Railway Property
with warrant from
magistrate.
3. Summon any person whose attendance is necessary either to give
evidence or to
produce a document
4. Seize any vehicle used as the conveyance for carrying of stolen Railway property. Any court trying an offence under this act may order the forfeiture to Government of any property in respect of which the court is satisfied that an offence under RP(UP) Act has been committed and may also order the forfeiture of any receptacles, packages or coverings in which such property is contained, the animals, vehicles or any other conveyances used in carrying the property.
5. Arrest any person with out order from a magistrate and with out warrant according to section 12 of RPF Act 1985
(i) Who voluntarily causes hurt to or attempts voluntarily to cause hurtto or wrongfully restains or attempts wrongly to restaint, or assaults, threatens to assault, or uses or threatens ot attempts to use, criminal force to him or any member of the force in execution of his duty as such member, or with intent to pervent or to deter him for discharging his duty as such member or in consequence or anything done or attempted to be done by him in the lawful discharge of his duty as such member; or
(ii) Any person who has been concerned in (or against whome a reasonable suspicion exists of his having been concerned in, or who is found taking percautions to concel his presence under circumstance which afford reason to belive that he is taking such percautions with a view to commit a cognizable offence which relates to Railway Property; or
(iii) Any person found taking percautions to concel his presence with in Railway limits under circumstances which afford reason to belive that he is taking such precautions with a view to commit theft of or damage to Railway property; or
(iv) Any person who commits or attempts to commit a cognisable offence which involves or which is likely to involve imminent danger to the life of any person engaged in carrying on any work relating to Railway property.
The Railways Act :
The following are some of the offences punishable under Railways
Act and all the Railway Servants, Police and RPF are authorised to arrest
the persons who commits these offences with out a warrant according to
"The Railways Act 1989".
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Section
offences
Max Punishment
Imprisonment and fine
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137. Fraudulently travelling or attempting to travel
with out
6 months &
proper
ticket
Rs.1000/-
144. Selling any articles or begging 1 year & Rs. 2000/-
145. Drunkenness or nuisance 6 months & Rs. 500/-
146. Obstructing Railway servant in his duties 6 months & Rs.1000/-
147. Trespass and refusal to desist form trespass 6 months & Rs.1000/-
148. Making false statement in an application for compensation 3 years & Fine
149. Making false claim for compensation 3 years & Fine
150. Maliciously wrecking or attempting to wreck train by
a) putting, throwing upon or across
any railways, any wood,
stone or other
matter or thing
b) Taking, removing, loosening of displacing
any rail, sleeper, or Life imprisonment
other matter
or thing belonging to any railway
or
c) Turning, moving, unlocking or diverting
any points or other 10
years rigorous
machinery belonging
to any railway
imprisonment
d) making or showing or hiding or removing
any signal or light upon
or near to any
railway
e) doing or causing to do
or attempting to do any other act or thing
in relation
to any railway which is likely to endanger the safety of
person
travelling / being in railway
If the above
said act causes the death of any person or doing an
Death or
act causing death of any person
or doing an act with the knowledge
Life
that it must
in all probability cause death of any person or bodily
Imprisonment
injury to any person likely to
cause the death
155. Entering into a reserved compartment with out proper authority,
Rs. 500/-
occupying seat/berths
reserved for others
156. Travelling on roof, step or engine of a train 3 months & Rs. 500/-
160. Opening and breaking of level crossing gates other than railway
5 years
servants
161. Negligently crossing level crossing by any person driving
or
1 year
leading a vehicle
162. Entering carriage or other places reserved for females Rs. 500/-
167. Smoking in the train after objected by any other passenger
Rs. 100/-
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