Section 137: Fraudulently travelling or attempting to travel without proper pass or ticket

Text of Section 137:

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 section 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 that sub-section or two hundred and fifty rupees, whichever is more.
4. Notwithstanding anything contained in section 65 of the Indian Penal Code (45 of 1960), 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.

Detailed Explanation:

Section 137 of the Railways Act, 1989 deals with the fraudulent practices related to train travel, specifically regarding the improper use of tickets or passes. This section establishes both criminal and financial penalties for individuals who attempt to defraud a railway administration.

Sub-section 1: Criminal Offence and Penalties

• Intent to Defraud: This section applies to individuals who intentionally defraud the railway administration. It covers two main scenarios:
  • Travelling Without Proper Pass or Ticket:
    • A person enters or remains in a railway carriage or travels on a train without a valid ticket or pass, in violation of the provisions in Section 55.
  • Using a Ticket or Pass Fraudulently:
    • A person uses a pass or ticket that has already been used on a previous journey or, in the case of return tickets, uses a portion of the ticket that has been used previously.
• Punishment: If found guilty, the individual can face:
  • Imprisonment: A term up to six months.
  • Fine: A fine up to one thousand rupees.
  • Both: Imprisonment and fine can be imposed.
• Minimum Fine: In cases where the court does not find any special or adequate reasons to reduce the punishment, the fine imposed cannot be less than five hundred rupees.

Sub-section 2: Liability for Excess Charges

• Excess Charge: The person found guilty under sub-section (1) will also be liable to pay an excess charge, which is an additional amount on top of the normal fare.
  • The excess charge is calculated based on the ordinary single fare for the distance the person has travelled.
  • If the origin of travel is unclear, the excess charge will be based on the fare from the original starting station of the train.
  • If tickets have been checked multiple times during the journey, the excess charge will be based on the fare from the place where tickets were last examined.

Sub-section 3: Amount of Excess Charge

• Excess Charge Amount: The excess charge will be the ordinary single fare or two hundred and fifty rupees, whichever amount is higher.

Sub-section 4: Consequences for Defaulting on Payment

• Imprisonment for Non-payment of Fine: If the individual fails to pay the fine imposed by the court, Section 137 allows the court to direct imprisonment for a term up to six months as per Section 65 of the Indian Penal Code, 1960. This ensures that the penalty is enforced even if the person fails to pay the fine.

Interpretation and Practical Impact:

• Discouragement of Fraudulent Practices: The provisions of Section 137 aim to deter individuals from attempting to travel without a valid ticket or pass. The threat of criminal penalties, fines, and excess charges acts as a strong deterrent against ticket fraud.
• Clear Definition of Penalties: The section provides clear penalties for those who attempt to defraud the railway administration, ensuring that those found guilty are punished appropriately.
• Protection of Railway Revenues: This section helps safeguard the financial interests of the railway administration by ensuring that individuals cannot exploit the system by using already used tickets or travelling without paying the correct fare.

Legal and Ethical Implications:

• Fairness in Enforcement: The section ensures that penalties are applied consistently and fairly to those who engage in fraudulent activities related to train travel.
• Upholding the Integrity of Public Transport: By penalizing fraudulent travel, the railway system maintains its credibility and ensures that all passengers adhere to the rules, thereby protecting the rights of those who travel legitimately.

Conclusion:

Section 137 of the Railways Act, 1989 is crucial in combating fraud related to railway travel. It specifies penalties for individuals who attempt to travel without valid tickets or pass, including imprisonment, fines, and excess charges. The section also ensures the enforcement of fines and emphasizes the importance of maintaining the integrity of the railway system by penalizing fraudulent practices. Understanding this provision is vital for both passengers and railway administrators to ensure compliance with the law.