File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Indian Railway Accidents and Related Laws (Simplified)

Railway, the track-based land transport medium, is most accepted by ordinary people, holding the economy of the country high as well as the people's emotions. It includes Railway, of EMU, MEMU, Express Trains, Goods Trains, Metro Trains, Super-Fast Trains, Luxury Trains and more. Like all aspects, transport and relevant technology are also governed by law. Any type of Safety issues are also covered under Indian Rail Laws.

Types of Railway Safety Issues: ACCIDENT
This Diagram shows the possible reasons of an accident.

Types of Railway Safety Issues

Laws Regarding Railway Safety:
The Matrix Below Shows all the Relevant Laws that covers Railway Safety Issues.

Year	Name of Law	Type of Law	Provision (In Detail)	Effective Date
1957	THE RAILWAY PROTECTION FORCE ACT[1]	Act	This Act came into force to protect "Railway Property", "Passenger Area" and "Passengers"
			A Force to be Constituted after this Act (Section – 3 & 4)
			Duty, Responsibilities, Rules, Penalties and enforced acts
1987	THE RAILWAY CLAIMS TRIBUNAL ACT[2]	Act	The act is to establish a "Railway Claims Tribunal" to investigate and adjudicate claims against a railway administration for the loss, destruction, damage, or deterioration of goods or animals entrusted to it for railroad transportation, or for repayment of freight or fare, or for compensation for passenger deaths or injuries resulting from railway accidents.
1989	THE RAILWAYS ACT[3]	Act	The Act covers all of the regulations for railway zones, job, construction and maintenance, employment and passenger services. An Act allows to consolidate and amend the laws relating to Railways.	1989-06-03
	The Railways (Amendment) Act, 1994[4]	Amendment	This can be called "Railway Accidents (Compensation) Amendments Rules, 1994 which includes subrules explaining "untoward incident" – Section 124A	21^st July, 1994
	The Railways (Amendment) Act, 2003[5]	Amendment	RAILWAY PROTECTION FORCE (Amendment) ACT new definitions of "passenger" and passenger area" have been included in section 2. Mandatory Duty under Section 11, Railway Property under Section 12, and the powers of the force has been mentioned.	2003
	The Railways (Amendment) Act, 2005[6]	Amendment	new definitions of "Authority", "Railway Land". Inclusion of new CHAPTER IIA - "RAIL LAND DEVELOPMENT AUTHORITY"	15th September, 2005
	The Railways (Amendment) Act, 2008[7]	Amendment	Insertion of new Chapter IVA (land acquisition)	2008
	The Railways (Amendment) Act, 2012[8]	Amendment	Also named as Railway Property Amendment Act.	5th day of August,2012

Types of Incidents that Causes Accidents and Safety Issues and Relevant Laws with Those:

Incident Type	Sections of THE RAILWAYS ACT, 1989 of INDIA[9]	Provisions that cover it	Liability	Punishment
Accident (overall)		CHAPTER IV CONSTRUCTION AND MAINTENANCE OF WORKS Section: 14. Temporary changes of land to remove obstruction, repair or to prevent accident.
		CHAPTER XI RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS Section: 111. Extent of liability of railway administration in respect of accidents at sea.
		CHAPTER XII ACCIDENTS Notice of railway accident, inquiry, process, Investigations and procedure. Section: 113 to 122
		CHAPTER XIII LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS Compensations, Interim Relief. Section: 123 to 129
DERAILMENT	113,124	113 If the derailment of any passenger train occurs, then the station master/railway servant of the nearest station have to give notice to District Magistrate and Superintendent of Police without any delay.
DERAILMENT	113,124	124 Railway administration shall be liable to pay compensation to death, personal injury of a passenger and loss, destruction, damage or deterioration of goods owned by the passenger which took place for railway accidents like "DERAILMENT".	Railway	Compensation
SIGNAL PROBLEM	150(d), 151, 174	150(d) Malicious Act Done by anybody except railway servants intentionally to changes in any signal or light upon or near to any railway to distract the loco pilot, the person who have done this shall be punishable with lifetime imprisonment, or with rigorous imprisonment for a term which may extend to ten years. (Minimum seven years for this act)	Anybody Except Railway Servant	Minimum seven years of rigorous imprisonment for this act
		151 If any person intentionally acts or omit something to cause, likely to cause damage to railway property ("Signalling"), the person shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.	Anybody Except Railway Servant	imprisonment for a term which may extend to five years, or with fine, or with both
		174 If a Railway Servant (on or off-duty) / Any person obstructs running of train by doing malicious acts including "tampering with signal gear" shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both	Railway Servant or Anybody Except Railway Servant	imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both
TRAIN-TO-TRAIN COLLISION	113,124	113 If the Train-to-Train Collision of any passenger train occurs, then the station master/railway servant of the nearest station have to give notice to District Magistrate and Superintendent of Police without any delay.
TRAIN-TO-TRAIN COLLISION	113,124	124 Railway administration shall be liable to pay compensation to death, personal injury of a passenger and loss, destruction, damage or deterioration of goods owned by the passenger which took place for railway accidents like "DERAILMENT".	Railway	Compensation
OVERCROWDING	124A, 57	124A (Untoward Incident)[10] For Untoward Incidents by Passengers, Railway is not liable to pay compensation for that. Those type of incidents are: - (a) Self-Destruction or attempting to do so (b) self-inflicted injury (c) own criminal intensions or work (d) any act done or omitted to be done 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. And these incidents could be done by passengers which include a person with valid ticket and a railway servant too. In this matter, boarding to overcrowding train is the passenger's own choice, the person is liable for his own fault.	Ownself
OVERCROWDING	124A, 57	57 If Central Govt. Approves, Railway administrations must display the maximum number of passengers allowed in each compartment in Hindi, English, and regional languages used in the area served, subject to Central Government approval.
PASSENGER FAULT	57, 59, 145, 146,156,164	57 If Central Govt. Approves, Railway administrations must display the maximum number of passengers allowed in each compartment in Hindi, English, and regional languages used in the area served, subject to Central Government approval. Passenger should not hang from the gates of compartments in the overcrowded train, if does, it's his own risk, and railway is not liable for that.
		59 If Central Govt. Approves, the means of passengers and railway servant communication provided in a train are being misuse, and that is why Rail cannot provide it properly, so it is totally passenger's fault.
		145 If a person does these nuisance: (a) intoxication (b) commits any nuisance, uses abusive or obscene language (c) wilfully interferes with railway amenity that affects the comfortable travel of any passenger Will be punished by 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 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.	Own self	1)the forfeiture of his pass or ticket, 2)imprisonment which may extend to six months and with fine 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 If someone intentionally obstructs a railway employee/servant from performing their duties, they may face imprisonment for up to six months, a fine of up to a thousand rupees, or both.	The person	imprisonment for up to six months, a fine of up to a thousand rupees, or both.
		156 If any passenger travels in the parts of a train which are not intended for the use of passengers like: the roof, step or footboard of any carriage, on an engine etc. 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
		164 If any person unlawfully carries dangerous goods on a railway which might cause severe accidents shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees or with both and shall also be liable for any loss, injury or damage if such incidents occurs.

NON-PASSENGER FAULT[11][12]

145,146, 159, 160, 161,167

145

If a person does these nuisance:

(a) intoxication

(b) commits any nuisance, uses abusive or obscene language

Will be punished by 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

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

If someone intentionally obstructs a railway employee/servant from performing their duties, they may face imprisonment for up to six months, a fine of up to a thousand rupees, or both.

Any person other than Railway Servant

imprisonment for up to six months, a fine of up to a thousand rupees, or both

159

Misconduct and Disobedience of Drivers/Conductors of any other vehicles near railway premises to the railway rules/words of railway admin/servants, those persons shall be punishable with imprisonment for a term

which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

Drivers/Conductors of any other vehicles near railway premises

imprisonment for a term

which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

160

If any person, other than a railway servant intentionally opens any gate, chain or barrier set up on either side of a level crossing without permission from administration shall be punishable with imprisonment up to three years.

If any person tries to break those shall be punishable with imprisonment up to five years.

Any person other than Railway Servant

OPENS:

imprisonment up to three years

BREAKS:

imprisonment up to five years.

161

A person Negligently crossing unmanned level crossing shall be punishable with imprisonment up to one year.

The person

imprisonment up to one year

167

Smoking or Burning Such Things Nearby Railway Area might cause accident and the person will be fined with 100 rupees

The person

person will be fined with 100 rupees

NEGLIGENCE IN ENGINE, CHASIS, WHEEL, INTERLOCKING AND OTHER TECHNICAL FAULTS and ANY OTHER NON-TECHNICAL FAULTS BY RAILWAY SERVANT UNDER DUTY

169, 172, 173, 175, 176

169:

If a non-Government railway fails to comply with a Central Government's decision, or direction under this Act (The Railway Act, 1989), or violates any of its provisions, the Central Government may ask levy/penalty of up to two hundred and fifty rupees, plus a further penalty of up to one hundred and fifty rupees for each day of the violation.

Non-Government Railway

levy/penalty of up to two hundred and fifty rupees, plus a further penalty of up to one hundred and fifty rupees for each day of the violation.

172

If the Railway Servant is intoxicated by their own choice and neglects his duty, and for which if any incident occurs, the servant would be liable for that and such railway servant shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Railway Servant

imprisonment for a term which may extend to one year, or with fine, or with both.

173

If an on-duty Railway Servant rejects to do his work like abandoning train or rejects to do any other responsibility without any authority shall be punishable with imprisonment for a term which may extend to two years, or

with fine which may extend to one thousand rupees, or with both

Railway Servant (ON-DUTY)

imprisonment for a term which may extend to two years, or

with fine which may extend to one thousand rupees, or with both

175

If an on-duty Railway Servant endangers the safety of other person by

(a) disobeying any rule of this Act

(b) disobeying any instruction, direction or order

shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Railway Servant (ON-DUTY)

imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

176

If any railway servant unnecessarily obstructs level crossing with train that is against the public movement, the servant shall be punishable with fine which may extend to one hundred rupees.

Railway Servant (ON-DUTY)

shall be punishable with fine which may extend to 100 rupees.

Controversies:
Indian Railways, one of the world's largest railway networks, has encountered various controversies over the years.

Some of the notable controversies include:

Safety Concerns: Safety has been a significant issue for Indian Railways, with frequent accidents and derailments. Concerns about the ageing infrastructure, lack of maintenance, and need for more safety measures have been raised.

"A bench of Justices Surya Kant and K V Viswanathan presided over a petition addressing safety concerns related to train accidents. The court directed petitioner Vishal Tiwari to submit a copy of his plea to the Attorney General's office."[i]
Accidents and Derailments: There have been several high-profile accidents and derailments on Indian Railways, resulting in loss of lives and injuries. These incidents often highlight poor track maintenance, signal failures, and human error.

"The focus of the audit was to ascertain whether measures to prevent derailments and collisions were laid down and implemented by the Ministry of Railways. The auditors found that shortfalls were ranging from 30-100% in inspections by track recording cars and idling of track machines owing to various reasons."[ii]
Overcrowding and Passenger Safety: Overcrowding is a common problem on many Indian trains, leading to safety concerns for passengers. Issues such as unauthorised travel on rooftops, overcrowded platforms, and inadequate safety measures during peak travel times have been raised.

"A consumer court in Bengaluru has ruled that passengers boarding crowded trains are responsible for boarding the train, even if they possess reserved tickets. The ruling was made in response to an elderly couple's claim for damages from Indian Railways after missing their train to Vijayawada due to overcrowding."[iii]

These controversies reflect the complex challenges Indian Railways faces in managing and operating one of the world's largest and busiest railway networks. Addressing these issues often requires coordinated action from railway authorities, government agencies, and other stakeholders.

Conclusion:
In conclusion, the intersection of railways and law is a complex and multifaceted domain crucial for ensuring the safety, efficiency, and fair operation of rail systems worldwide. Through comprehensive legal frameworks, effective regulation, and innovative solutions, we can navigate the challenges and opportunities presented by the dynamic landscape of railway operations. By fostering collaboration between legal experts, policymakers, and railway stakeholders, we can strive towards a safer, more accessible, and sustainable future for rail transportation, enhancing connectivity and driving economic growth while upholding the principles of justice and accountability.

End Notes:

https://nwr.indianrailways.gov.in/uploads/files/1331705691014-RPF_Act1957.pdf
https://indianrailways.gov.in/railwayboard/uploads/directorate/traffic_comm/RCT ACT 1987.pdf
https://www.indiacode.nic.in/bitstream/123456789/1908/5/a1989-24.pdf
https://www.latestlaws.com/bare-acts/central-acts-rules/railways-law/the-railways-act-1989/railway-accident-compensation-rules-1994
https://ncr.indianrailways.gov.in/uploads/files/1455780082279-RPF Amendment Act 2003.pdf
https://prsindia.org/files/bills_acts/acts_parliament/2005/the-railways-(amendment)-act-2005.pdf
https://prsindia.org/files/bills_acts/acts_parliament/2008/the-railways-(amendment)-act,-2008.pdf
https://indianrailways.gov.in/railwayboard/uploads/directorate/security/downloads/2012/Railway_property_140812.PDF
https://www.indiacode.nic.in/bitstream/123456789/1908/5/a1989-24.pdf
https://economictimes.indiatimes.com/industry/transportation/railways/railways-must-pay-compensation-if-a-person-fall-off-crowded-train-and-suffers-injuries-bombay-hc/
https://timesofindia.indiatimes.com/city/cuttack/railway-tracks-are-not-meant-for-pedestrian-use-says-high-court/articleshow/109811920.cms
https://www.railsafety.in/crossing-tracks.html

References:

https://economictimes.indiatimes.com/industry/transportation/railways/odisha-train-accident-balasore-train-accident-indian-railways-kavach-supreme-court-wants-indian-govt-to-detail-safety-measures-to-avoid-train-accidents/articleshow
https://www.thehindu.com/news/national/cags-2022-report-on-derailments-in-indian-railways-flagged-multiple-shortcomings/article66928704.ece
https://economictimes.indiatimes.com/news/bengaluru-news/should-have-made-more-effort-to-enter-train-court-blames-passenger-for-missing-train-due-to-overcrowding/articleshow/

Written By: Tarumita Biswas, B.Sc. LLB – 1st Year - West Bengal National University of Juridical Science (WBNUJS)
Email: [email protected], Contact Number: 7439262243