Railway Property Act, 1966

• The Railway Property (Unlawful Possession) Act was established in 1966
• It aims to consolidate and amend the law regarding unlawful possession of railway property

Key Sections

• Short Title, Extent, and Commencement: This act is called the Railway Property (Unlawful Possession) Act, 1966
• The act extends to the whole of India
• It comes into force on a date appointed by the Central Government through official notification
• Definitions: Key terms are defined in the act:
  • "Force" refers to the Railway Protection Force established in 1957
  • "Member of the Force" is any individual appointed to the Force who is not a superior officer
  • "Officer of the Force" is an officer at or above the rank of Assistant Sub-Inspector, including a superior officer
  • "Railway property” includes goods, money, valuable security or animal belonging to, or in the possession of a railway administration
  • "Superior officer" includes officers appointed under the Railway Protection Force Act, 1957 and any other officer appointed as a superior officer by the Central Government
  • Words and expressions defined in the Indian Railways Act, 1890, have the same meanings in this Act
• Penalty for Theft, Dishonest Misappropriation, or Unlawful Possession of Railway Property: Whoever commits theft or dishonestly misappropriates, or is found to have been in possession of railway property reasonably suspected of being stolen or unlawfully obtained, is punishable:
  • For the first offense: Imprisonment up to five years, or a fine, or both. Imprisonment must not be less than one year and the fine not less than one thousand rupees unless special and adequate reasons are recorded
  • For a second or subsequent offense: Imprisonment up to five years and a fine, with imprisonment not less than two years and a fine not less than two thousand rupees unless special reasons exist
  • "Theft" and "dishonest misappropriation" have the same meanings as in sections 378 and 403 of the Indian Penal Code
• Punishment for Abetment, Conspiracy, or Connivance at Offenses: Anyone who abets or conspires in the commission of an offense under this Act, or any owner or occupier who willingly allows an offence, will be punished with imprisonment up to five years, a fine, or both
  • "Abet" and "conspire" have the same meanings as in sections 107 and 120A of the Indian Penal Code
• Offences Under the Act Not to be Cognizable: Offences under this Act are not cognizable, despite anything in the Code of Criminal Procedure, 1898
• Power to Arrest Without Warrant: A superior officer or member of the Force may arrest a person without a warrant if they are suspected to be involved in an offence punishable under this Act
• Disposal of Persons Arrested: Anyone arrested under this Act, if not arrested by an officer of the Force, must be sent to the nearest officer of the Force without delay
• Inquiry How to be Made: An officer of the Force receiving information about an offense or receiving an arrested person must inquire into the charge
  • The officer has the same powers as a police station in-charge under the Code of Criminal Procedure, 1898
  • If there is sufficient evidence, the officer should either bail the accused to appear before a Magistrate or forward them in custody to the Magistrate
  • If there isn't sufficient evidence, the officer should release the accused on a bond to appear when required and report the case details to their superior
• Power to Summon Persons to Give Evidence and Produce Documents: An officer of the Force can summon anyone to give evidence or produce documents for an inquiry under this Act
  • Summons can be for specified documents or for all documents of a certain description
  • Summoned individuals must attend in person or through an agent as directed, state the truth, and produce required documents
• Issue of Search Warrant: If an officer believes a place is used for depositing or selling stolen or unlawfully obtained railway property, they can apply to a Magistrate for a search warrant
  • The Magistrate may authorize an officer to enter the place with assistance, search it, take possession of suspected railway property, and either convey it before a Magistrate or guard it until then
• Searches and Arrests: All searches and arrests under this Act must follow the procedures of the Code of Criminal Procedure, 1898
• Officers Required to Assist: All government and village officers are required to assist the superior officers and members of the Force in enforcing this Act
• Power of Courts to Order Forfeiture of Vehicles: A court trying an offense under this Act may order the forfeiture of property involved in the offense, including receptacles, packages, and vehicles used to carry the property
• Act to Override Other Laws: This Act takes precedence over any inconsistent provisions in other laws
• Repeal and Savings: The Railway Stores (Unlawful Possession) Act, 1955, is repealed
  • This Act doesn't apply to offenses punishable under the repealed act, which can still be tried as if the repeal hadn't occurred
  • The mention of specific matters doesn't affect the general application of section 6 of the General Clauses Act, 1897, regarding the effect of repeals