Text of Section 168:
(1) If a person under the age of twelve years is guilty of any of the offences under sections 150 to 154, the court convicting him may require the father or guardian of such person to execute, within such time as the court may fix, a bond for such amount and for such period as the court may direct for the good conduct of such person.
(2) The amount of the bond, if forfeited, shall be recoverable by the court as if it were a fine imposed by itself.
(3) If a father or guardian fails to execute a bond under sub-section (1) within the time fixed by the court, he shall be punishable with fine which may extend to fifty rupees.
Explanation and Analysis of Section 168:
1. Application to Children Under Twelve Years:
- This section applies to individuals under the age of twelve years who commit offenses specified in Sections 150 to 154 of the Railways Act, which primarily involve acts that endanger the safety of persons traveling by rail, such as:
- Maliciously wrecking or attempting to wreck a train.
- Damaging or destroying railway property.
- Endangering safety by reckless or negligent actions.
- Endangering safety by malicious actions, such as throwing objects at rolling stock.
- The law recognizes that children may not fully understand the consequences of their actions, but they can still engage in acts that endanger the safety of passengers and railway operations.
2. Court’s Authority to Require a Bond:
- If a child commits an offense, the court has the authority to require the father or guardian of the child to execute a bond.
- This bond is essentially a promise that the child will maintain good conduct for a specified period.
- The amount and duration of the bond are decided by the court, based on the circumstances and the nature of the offense.
- The purpose of this bond is to ensure that the child’s guardian takes responsibility for the child’s behavior and helps prevent future offenses.
3. Forfeiture of the Bond:
- If the child commits another offense during the bond period or fails to adhere to the conditions set by the court, the bond may be forfeited.
- The forfeited bond amount will be treated as if it were a fine, and it will be recoverable by the court.
4. Penalty for Failure to Execute the Bond:
- If the father or guardian fails to execute the bond within the time prescribed by the court, they will be liable to pay a fine of up to fifty rupees.
- This provision ensures that guardians are held accountable for their role in the child’s actions and that they take proper steps to prevent the child from engaging in harmful behavior.
Purpose of Section 168:
- Accountability of Guardians: Section 168 emphasizes the role of parents or guardians in guiding and ensuring the good conduct of minors, especially when their actions pose a threat to public safety.
- Preventive Measure: The bond mechanism serves as a preventive measure, encouraging guardians to be more vigilant about their child’s behavior and to ensure that corrective actions are taken.
- Minor’s Reformation: The provision also ensures that children who commit serious offenses are not punished without taking into account their age, but it places responsibility on the guardian to help guide the child toward reformation.
Key Points for Consideration:
- Guardian’s Responsibility: The law places significant responsibility on parents or guardians, ensuring they are aware of their duty to prevent their children from endangering others, especially in contexts as serious as railway safety.
- Forfeiture of Bond as Deterrent: The possibility of forfeiting the bond in case of reoffending serves as an incentive for the guardian to help maintain their child’s good behavior.
- Low Penalty for Guardian’s Failure: The fine of fifty rupees for a guardian’s failure to execute the bond is relatively small, but it serves as a reminder of the importance of fulfilling legal obligations concerning a child’s behavior.
Conclusion:
Section 168 of the Railways Act, 1989 ensures that guardians of children who commit serious offenses on the railway are held accountable and are required to take corrective actions. The imposition of a bond for good conduct aims to prevent future offenses and ensures that guardians take responsibility for the safety of others. The provision is balanced by the relatively light penalty for non-compliance, reinforcing the preventive nature of the law.
