Section 145: Drunkenness or nuisance

Text of Section 145:

1. Prohibited Behavior:
   • A person in any railway carriage or on any part of a railway is prohibited from:
     • (a) Being in a state of intoxication (drunkenness).
     • (b) Committing any nuisance, act of indecency, or using abusive or obscene language.
     • (c) Willfully or without excuse interfering with any amenity provided by the railway administration, affecting the comfortable travel of other passengers.
2. Punishment and Penalties:
   • Any person found guilty of the above offenses:
     • Removal from the railway by any authorized railway servant.
     • Forfeiture of their pass or ticket.
     • Imprisonment for up to six months and/or a fine up to five hundred rupees.
3. Minimum Punishment:
   • In the absence of special and adequate reasons to the contrary, the following minimum punishment applies:
     • For a first offense: A fine of one hundred rupees.
     • For a second or subsequent offense: Imprisonment for one month and a fine of two hundred and fifty rupees.

Explanation and Analysis of Section 145:

1. Prohibited Conduct:

• State of Intoxication: The law targets individuals who are intoxicated in railway carriages or on railway property, recognizing that intoxication can impair a person’s behavior and potentially disrupt the safety and comfort of others.
• Acts of Nuisance or Indecency: This includes behaviors that disturb the peace, such as creating a public nuisance, engaging in indecent acts, or using offensive language. Such conduct undermines the comfort and safety of other passengers.
• Interference with Amenities: The provision also covers behaviors that interfere with the proper functioning of railway services, such as damaging or misusing facilities provided by the railway administration for passenger comfort.

2. Enforcement and Penalties:

• Removal from the Railway: Railway servants have the authority to remove any person causing disturbance, ensuring that those engaged in disruptive behavior do not continue to affect other passengers.
• Forfeiture of Pass/Ticket: Offenders will lose the right to use their pass or ticket, which could impact their ability to travel in the future.
• Punishments:
  • Imprisonment and Fine: The section imposes a punishment of up to six months in prison and a fine of up to five hundred rupees. These penalties are intended to deter individuals from engaging in disruptive behaviors.

3. Minimum Punishment for Repeat Offenders:

• First Offense: A fine of one hundred rupees for the first conviction ensures that individuals who commit minor offenses are penalized but not harshly.
• Subsequent Offenses: For repeat offenders, the punishment becomes more severe with imprisonment for one month and a fine of two hundred and fifty rupees, reflecting the growing severity of repeated misconduct.

Key Provisions and Interpretation:

1. Maintaining Public Order: This section is focused on maintaining public order within railway systems by preventing disruptive or harmful behavior, ensuring passengers can travel in a peaceful and safe environment.
2. Passenger Comfort: The emphasis on preventing nuisance, indecency, and abusive language reflects the desire to protect the comfort and well-being of passengers traveling by train. This provision is meant to uphold the public interest by preventing disturbances.
3. Control of Intoxicated Behavior: Given that intoxicated passengers can behave unpredictably and pose safety risks, the law specifically targets intoxicated individuals to safeguard others’ welfare.
4. Power to Remove Offenders: The law grants railway servants the authority to remove disruptive passengers. This ensures that any individual violating the rules can be dealt with promptly and does not continue to create disturbances during the journey.

Practical Implications:

• Disruptive Passengers: This provision enables the swift removal of passengers who are causing problems, such as those who are intoxicated, disorderly, or using offensive language, preventing further disruption to other passengers.
• Ensuring Safe Travel: The penalties for drunkenness and nuisance are designed to ensure that the railway system remains a safe and orderly environment for all passengers. The removal of such passengers helps prevent any escalation of disruptive incidents.
• Regulating Passenger Conduct: The law seeks to ensure that all passengers follow rules that ensure comfort, security, and decorum within railway stations and carriages.

Legal and Ethical Implications:

1. Protecting Passenger Rights: The section upholds the rights of other passengers to travel in comfort and security, ensuring that no one is subjected to disruptive or offensive behavior during their journey.
2. Fairness in Enforcement: By specifying minimum penalties for first-time and repeat offenders, the law ensures fairness in its application. Individuals who engage in disruptive behavior for the first time are penalized in a manner that considers the context, while repeat offenders face more severe consequences.
3. Public Order and Safety: The provision highlights the importance of public order in maintaining a safe travel environment. Intoxication, nuisance, and interference with amenities can affect both personal safety and the overall travel experience for others.

Conclusion:

Section 145 of the Railways Act, 1989 addresses disruptive behavior in railway carriages and on railway property. It seeks to prevent intoxication, nuisance, indecency, and interference with railway amenities that negatively affect passenger comfort and safety. The penalties, including imprisonment and fines, aim to deter such behavior, while the provision to remove offenders ensures swift action against violations. The section contributes to maintaining order and safety in public transportation and ensuring that all passengers have a pleasant and secure travel experience.