Text of Section 153:
Endangering Safety of Persons by Unlawful Act or Neglect: If any person, by any:
- Unlawful act, or
- Wilful omission (failure to act), or
- Neglect (failure to exercise necessary care),
Endangers or causes to be endangered the safety of any person:
- Travelling on or being upon any railway, or
- Obstructs or causes to be obstructed or attempts to obstruct any rolling stock on any railway,
The person shall be punishable with:
- Imprisonment for a term which may extend to five years.
Explanation and Analysis of Section 153:
1. Unlawful Act, Omission, or Neglect:
- This section targets a broad range of behaviors, including deliberate actions (unlawful acts) as well as failures to act (omissions or neglect). It emphasizes that both active endangerment (such as causing harm) and passive endangerment (such as failing to take necessary precautions) are punishable if they endanger passenger safety or obstruct railway operations.
2. Endangerment to Railway Passengers:
- The provision is focused on endangering the safety of anyone traveling on the railway. This could be through direct actions that put passengers at risk, like damaging infrastructure or improperly operating a train, or through failure to maintain safe conditions.
3. Obstruction of Rolling Stock:
- The law also covers actions that obstruct the movement of trains or rolling stock. Whether this is a physical obstruction (such as placing an object on the track) or interfering with train operations, the intent is to prevent disruptions that could lead to accidents or delays, thus endangering passengers.
4. Severity of Penalty:
- The penalty for this offense is imprisonment for a term of up to five years. The severity of the punishment highlights the serious risk such actions pose to public safety, underscoring that actions or negligence leading to endangerment will be penalized harshly.
Key Points for Consideration:
1. Active vs. Passive Endangerment:
- Section 153 encompasses both active and passive forms of endangerment. It recognizes that negligence (failure to act) or deliberate obstruction can be just as dangerous as a direct unlawful act, such as tampering with a train or railway infrastructure.
2. Focus on Safety:
- The primary aim of the section is to ensure the safety of passengers by holding individuals accountable for actions (or inactions) that could endanger lives or obstruct train services. Whether through direct interference or failure to maintain safe conditions, anyone who jeopardizes the safety of railway users is liable.
3. Broad Range of Offenses:
- The law addresses a wide array of potential offenses, including obstruction of rolling stock (trains, carriages, etc.), tampering with equipment, and negligent actions that may lead to unsafe conditions. The breadth of this section ensures that both intentional harm and careless behavior are both addressed.
Conclusion:
Section 153 of the Railways Act, 1989 is designed to penalize those whose unlawful acts, omissions, or neglect put railway passengers at risk or interfere with the safe operation of the railway. The provision emphasizes the importance of both active safety measures and preventing neglect or disruption that could lead to harm. With a penalty of up to five years imprisonment, the law underscores the critical need for accountability in maintaining safe conditions for railway travel.
