Where in the course of carriage of any consignment from a place in India to a place outside India or from a place outside India to a place in India or from one place outside India to another place outside India or from one place in India to another place in India over any territory outside India, it is carried over the railways of any railway administration in India, the railway administration shall not be responsible under any of the provisions of this Chapter for the loss, destruction, damage or deterioration of the goods, from whatever cause arising, unless it is proved by the owner of the goods that such loss, destruction, damage or deterioration arose over the railway of the railway administration.
Simplified Explanation
This section addresses the liability of railway administrations in India when consignments are transported over both Indian railways and railways in foreign countries, as part of an international or domestic transit route.
Key Provisions
- Scope of Section:
- This section applies to goods being transported across international borders or between places in India using both Indian and foreign railways.
- It involves situations where a consignment is:
- Carried from India to outside India,
- Carried from outside India to India,
- Carried between two places outside India, or
- Carried between two places within India but passing through foreign territories.
- Limitation of Railway Administration’s Responsibility:
- Indian railway administrations are not liable for the loss, destruction, damage, or deterioration of goods when they are carried over foreign railways (outside of India).
- The railway administration in India will only be responsible if it is proven by the owner of the goods that the loss, destruction, damage, or deterioration occurred on the Indian portion of the railway transit.
Implications of Section 96
- Exemption for Foreign Railways:
- The Indian railway administration is not liable for any issues that arise during the foreign portion of a journey (when the goods are transported over foreign railways).
- Therefore, if the consignment is damaged while passing through a foreign country, the railway administration in India cannot be held responsible.
- Burden of Proof on the Owner:
- The owner of the goods must prove that the damage or loss occurred while the goods were being transported over Indian railways.
- This means that if the goods are damaged after crossing into a foreign country, the owner cannot claim compensation from the Indian railway administration.
- International Transit and Jurisdiction:
- In cases where goods are carried over multiple jurisdictions (Indian and foreign), responsibility for the consignment is divided between the various railway administrations. The Indian administration is responsible only for the part of the transit that takes place within India.
Conclusion
Section 96 limits the liability of railway administrations in India to damage, loss, or deterioration that occurs on Indian railways when consignments are carried over both Indian and foreign railways. If any damage or loss occurs while the goods are in transit on foreign railways, the Indian railway administration is not responsible unless it can be proven that the damage occurred on Indian soil.
