Section 147: Trespass and refusal to desist from trespass

Text of Section 147:

(1) If any person:

• Enters upon or into any part of a railway without lawful authority, or
• Misuses such property after having lawfully entered, or
• Refuses to leave after being asked to do so,

he shall be punishable with:

• Imprisonment for a term which may extend to six months, or
• Fine which may extend to one thousand rupees, or
• Both (imprisonment and fine).

Provided that, in the absence of special and adequate reasons to the contrary, the court’s judgment shall not impose less than:

• A fine of five hundred rupees.

(2) Any person referred to in sub-section (1) may be removed from the railway by any railway servant or by any other person whom such railway servant may call to his aid.

Explanation and Analysis of Section 147:

1. Key Offenses – Trespass and Misuse:

• This section addresses trespassing on railway property, whether unauthorized entry or misuse of railway property after gaining lawful entry.
• It also criminalizes the act of refusing to leave when asked to do so, which further disrupts the safety and order of the railway system.

2. Penalties for Trespass:

• The penalties for trespassing or misuse include:
  • Imprisonment up to six months,
  • Fine up to one thousand rupees, or
  • Both (imprisonment and fine).
• The minimum punishment is a fine of 500 rupees unless the court finds special reasons to impose a lesser penalty.

3. Power of Railway Staff to Remove Trespassers:

• If a person is trespassing or refusing to leave, railway servants are authorized to remove the person from the railway property, with assistance from others if necessary.

Key Points for Consideration:

1. Trespassing Concerns:

• Trespassing on railway property can endanger not only the individual but also the public due to unsafe areas (such as tracks, platforms, or stations). This law aims to deter people from unlawfully entering such spaces.

2. Protection of Railway Property:

• The law ensures that railway assets are protected and not misused. Misuse might include actions like damaging property, illegally occupying restricted areas, or interfering with operations.

3. Public Safety and Order:

• Railway systems rely on strict order and safety protocols. Unauthorized entry or refusal to leave creates risks for the person involved, other passengers, and the integrity of railway operations.

4. Flexibility of Penalty:

• The section provides a flexible penalty framework based on the severity of the offense. The court may impose a fine, imprisonment, or both, depending on the circumstances, with a minimum fine of 500 rupees in the absence of special circumstances.

Practical Implications:

1. Ensuring Security and Order:
   • This provision is critical for maintaining security and order on railways. Unauthorized individuals in restricted areas can pose a risk to themselves and others, so prompt removal and legal consequences are necessary.
2. Railway Employees’ Role in Enforcement:
   • Railway employees and authorized personnel are empowered to enforce this law and ensure that trespassers do not cause disruptions. They may seek help from others, which reinforces the importance of cooperation in maintaining railway safety.
3. Deterrence for Future Trespassing:
   • The potential penalties under this section act as a deterrent against future trespassing and help maintain a safe, efficient railway environment.

Conclusion:

Section 147 of the Railways Act, 1989 is designed to deter unauthorized entry and misuse of railway property, protecting the safety of passengers and the integrity of the railway system. It imposes significant penalties for trespassers and grants railway servants the authority to remove offenders, ensuring the orderly functioning of the railway system and minimizing safety risks.