Text of Section 165:
If any person, in contravention of Section 67, takes with him any offensive goods or entrusts such goods for carriage to the railway administration, he shall be punishable with fine which may extend to five hundred rupees, and shall also be liable for any loss, injury, or damage which may be caused by reason of bringing such goods on the railway.
Explanation and Analysis of Section 165:
1. Purpose and Context:
- This section is focused on the transportation of offensive goods by rail, which could disrupt public safety, hygiene, or the operational integrity of the railway system.
- Offensive goods refer to items that may be unpleasant, foul-smelling, or harmful in ways that could affect the health, safety, or comfort of passengers and staff, or damage railway property. Examples include items like decaying materials, noxious substances, or hazardous chemicals that may not fall under the category of dangerous goods but are still problematic.
- Section 67 governs the rules for the proper carriage of goods on the railway and may specify what constitutes offensive goods and how they should be handled.
2. Offenses Under Section 165:
- The offense is committed if:
- Any person takes offensive goods with them aboard a train, or
- Entrusts offensive goods for transportation with the railway administration, in violation of the provisions set under Section 67.
3. Penalty for Offenses:
- Fine: The person shall be punishable with a fine which can extend to five hundred rupees.
- Liability for Damage: In addition to the fine, the person is liable for any loss, injury, or damage caused by bringing such offensive goods onto the railway. This ensures that the individual is financially responsible for any harm or inconvenience that results from the presence of these goods.
4. Risk of Offensive Goods:
- Offensive goods can cause:
- Public health concerns (e.g., unpleasant odors, contamination, or the spread of diseases).
- Discomfort for passengers and staff, potentially affecting the quality of travel.
- Damage to railway infrastructure (e.g., contamination of carriages, tracks, or stations).
- Such goods could lead to an overall decline in the operational efficiency and safety of the railway system.
5. Consequences of the Offense:
- The penalties here are less severe than for dangerous goods (Section 164) but still carry a fine and liability for any resulting damage. The law aims to balance the need for regulation without being overly harsh for items that, while offensive, may not be as immediately dangerous as other hazardous materials.
- The liability for damage ensures that the person responsible for introducing the offensive goods remains accountable for any negative consequences, whether it’s damage to the infrastructure, harm to passengers, or other issues caused by the offensive items.
Key Points for Consideration:
- Contravention of Section 67: This section relates to the unlawful carriage of offensive goods, which contravenes the rules under Section 67, designed to regulate the types of goods that can be legally carried on the railway.
- Punishment: The primary punishment is a fine of up to 500 rupees for transporting offensive goods.
- Liability for Damage: In addition to the fine, the person is also liable for any loss, injury, or damage that may occur due to the presence of such goods.
- Offensive Goods: These are goods that may not be immediately hazardous but are still unpleasant or harmful to the environment and passengers. Examples might include decaying animal products, chemical substances with a strong odor, or similar items.
Conclusion:
Section 165 of the Railways Act, 1989 ensures the safety and comfort of railway passengers and staff by prohibiting the unlawful carriage of offensive goods on the railway. While the penalties are less severe than those for dangerous goods, they still impose a fine and liability for damage to maintain the integrity and hygiene of the railway system. This section reflects the railway administration’s efforts to regulate goods that could cause discomfort, damage, or harm to the general public while traveling.
