Text of Section 166:
If any person without lawful authority– (a) pulls down or wilfully damages any board or document set up or posted by the order of a railway administration on a railway or any rolling stock; or (b) obliterates or alters any letters or figures upon any such board or document or upon any rolling stock,
he 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.
Explanation and Analysis of Section 166:
1. Purpose and Context:
- This section addresses the defacing or damaging of public notices, boards, or documents placed by the railway administration on the railway premises or rolling stock (e.g., trains, carriages, locomotives).
- Such boards and documents may carry important information, such as safety instructions, rules for passengers, train schedules, or other vital operational details for the railway system. Defacing them could lead to confusion or the spread of misinformation, potentially putting passengers’ safety and comfort at risk.
2. Offenses Under Section 166:
- The offense is committed if a person, without lawful authority:
- Pulls down or damages any board or document that has been set up or posted by the railway administration. This could involve physically removing or destroying such items.
- Obliterates or alters any letters or figures on the board or document, or on any rolling stock, which means tampering with the information on the boards, thereby rendering the notices or instructions unclear or incorrect.
3. Penalty for Offenses:
- Imprisonment: The offender may be sentenced to imprisonment for a term of up to one month.
- Fine: A fine of up to five hundred rupees may also be imposed.
- Both: The offender could be subjected to both imprisonment and a fine.
4. Purpose of the Penalty:
- The law seeks to ensure that critical information for the safety and regulation of railway services is preserved and maintained without alteration or destruction.
- By imposing a penalty for such offenses, the Act aims to deter acts of vandalism that could affect the operation and safety of the railway system or mislead passengers.
5. Examples of Defacing or Damaging Public Notices:
- Pulling down boards: This could include removing train schedules or safety notices placed at stations or onboard trains.
- Alterations: Tampering with safety instructions or important notices by changing numbers or letters (e.g., altering departure times or train details) which could confuse passengers and disrupt train operations.
Key Points for Consideration:
- Lawful Authority: The offense is committed only if the act is done without lawful authority, meaning the person must not have permission from the railway administration to alter or remove the notices.
- Public Safety: These actions are deemed illegal as they could create safety hazards by obscuring or distorting important information, such as emergency instructions, which might be critical for passengers in case of an emergency or safety concern.
- Scope of Offenses: This includes not only physical damage (e.g., tearing down boards) but also altering written information, which could lead to misinformation or disruption of railway services.
Conclusion:
Section 166 of the Railways Act, 1989 imposes penalties on individuals who damage or alter public notices or important documents related to railway services, thereby safeguarding the accuracy and availability of critical information for passengers and railway operations. This provision highlights the importance of maintaining clear and unaltered public communication, especially in a setting as vital as railway transportation, where the safety and proper functioning of the system depend on the dissemination of accurate and timely information.
