Text of Section 160:
(1) If any person, other than a railway servant or a person authorised in this behalf, opens any gate, chain, or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to three years.
(2) If any person breaks any gate, chain, or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to five years.
Explanation and Analysis of Section 160:
1. Context and Purpose:
- This section specifically addresses the security and integrity of level crossing gates, chains, or barriers. These gates are put in place to prevent road traffic from crossing railway tracks when trains are passing through, which is crucial for safety.
2. Prohibited Acts:
- The section prohibits the opening or breaking of the gates or barriers at level crossings by anyone who is not authorised.
- Opening a gate or chain refers to simply removing or unlocking it, potentially allowing unauthorized traffic to pass through and endanger lives.
- Breaking a gate or barrier refers to causing damage, making it inoperative or unsafe for use.
3. Exceptions (Railway Servant or Authorised Person):
- The prohibition does not apply to railway servants or individuals who are authorized to handle the gates and barriers at level crossings. These individuals have a legitimate reason for accessing and operating the gates, which could include maintenance or operational tasks.
4. Penalties:
- Opening a gate or barrier unlawfully (without authorization) is punishable with imprisonment for up to three years.
- Breaking a gate or barrier is considered a more serious offence, with a penalty of imprisonment for up to five years.
5. Rationale:
- The severity of penalties reflects the importance of maintaining safety at level crossings. Unauthorized opening or breaking of gates poses a significant safety risk, as it may lead to collisions between trains and road traffic.
- The penalties aim to deter individuals from tampering with level crossings, which can cause accidents, harm, or death.
Key Points for Consideration:
- Scope: The section applies to anyone other than railway servants or authorized persons who interfere with the gates, chains, or barriers at level crossings.
- Two Levels of Offence: There is a distinction between opening a gate (which is punishable with up to three years’ imprisonment) and breaking a gate (which carries a higher penalty of up to five years’ imprisonment).
- Public Safety: The provision reflects the public safety concerns associated with level crossings, as improper handling of gates could lead to serious accidents involving trains and vehicles.
Conclusion:
Section 160 of the Railways Act, 1989 aims to ensure the safety of railway operations by preventing unauthorized individuals from interfering with level crossing gates. Unauthorized opening of such gates or barriers is punishable with up to three years of imprisonment, while breaking them can result in up to five years in prison. The section underscores the importance of maintaining operational safety and preventing accidents at railway level crossings.
