This article is written by Himanshu Mishra, pursuing a Certificate Course in Advanced Criminal Litigation & Trial Advocacy from LawSikho.com.

Crime while travelling in train 

Murder, Attempt to Murder, Crime against women other than rape, Rape, Kidnapping & Abduction, Dacoity, Robbery, Drugging, Riot, Crime Breach of Trust, Cheating, Counterfeiting, other property Offences, Other IPC crimes are the crimes while travelling in train.

Three agencies are managing the crimes as per the existing protocol. Crimes involving theft of rail property are managed by The Railway Protection Force (RPF). The Government Railway Police (GRP) handles the issues related to passenger crimes. Crimes that take place on the tracks outside the border of railway stations are handled by State Police Human Resources.

In New Delhi, Union Minister Haribhai Parthibhai Chaudhary has launched the All India Railway Helpline number 1512. To register the complaints with police while travelling anyplace in the country, this number will help the passengers. At present, the helpline covers 27 states and all Union Territories.

Railways Act

S. No.	Sections of the Railways Act	Nature of offence
1	Sec. 137	Trying to travel without tickets or passes or travelling wrongly
2	Sec. 138	Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance
3	Sec. 139	Authority to take away a person
4	Sec. 141	Unnecessarily disturbing by means of communication in a train
5	Sec. 142	Fine for transfer of tickets
6	Sec. 143	Fine for unofficial transportation on a trade of getting and giving of railway tickets
7	Sec. 144	Prohibition on hawking and begging
8	Sec. 145	Drunkenness or nuisance
9	Sec. 146	Obstructing railway servant in his duties
10	Sec. 147	Trespass and refusal to desist from trespass
11	Sec. 153	Endangering safety of persons travelling by railway by willful act or omission
12	Sec. 154	Endangering safety of the persons travelling by railway rash or negligent act or omission
13	Sec. 155	Entering into compartment reserved or resisting entry into a compartment not reserved
14	Sec. 156	Travelling on roof, step or engine of a train
15	Sec. 157	Altering or defacing pass or ticket
16	Sec. 159	Disobedience of drivers or conductors of vehicles to directions of railway servant, etc
17	Sec. 160	Opening or breaking a level crossing gate
18	Sec. 161	Negligently crossing unmanned level crossing
19	Sec. 162	Entering carriage or other place reserved for females
20	Sec. 163	Giving false account of goods
21	Sec. 164	Carrying of dangerous goods in train
22	Sec. 165	Unlawfully bringing offensive goods on railway
23	Sec. 166	Defacing public notices
24	Sec. 167	Smoking
25	Sec. 172	Railway servant in a state of intoxication while on duty.
26	Sec. 173	Abandoning train, etc. without any authority
27	Sec. 174	Obstructing the running of train etc
28	Sec. 175	Endangering the safety of persons
29	Sec. 176	Obstructing level crossing

Police jurisdiction 

As per the orders issued by the concerned State Governments, jurisdiction among the Railway Police and the Local Police differs. In the Police Manual, the power of Local Police and Railway Police is specified. Still, the process of registering a complaint/FIR is similar. The Engineering Department Officials have to explain themselves with the process in excess of their authority.

• Government Railway Police:

Railway Police forms. A branch of State Police as well as in charge of maintaining law and order also controlling on the railways including running trains.

• Local Police:

Local Police are in charge of Law and Order in the regions except those coming under the control of Railway Police.

• Railway Protection Force:

(i) Under R.P.F. Act 1957 (as modified by Act No.60 of 1985), Railway Protection Force has been formed as an Armed Force of the Union.

(ii) Under Railway Property (Unlawful Possession) Act 1966, RPF has been granted with powers to investigate, find out, take into custody and act against criminals of unlawful possession of Railway property.

Lodging of complaints

1. According to the orders of Local Governments, the procedure for lodging complaints with the Government Railway Police differs. Engineers and supervisors are supposed to explain themselves with the procedure in force over their authority. 
2. Every time a cognizable offence occurs or each time a non-cognizable offence may cause risk to railway property, trains or passengers, Officers and senior subordinates must prefer complaints to the Government Railway Police. The complaint must be made to the Government Railway Police Station Officer or in his absence, to the Platform Constable or to the next passing Travelling Constable and acknowledgment gained. Supervisors prefer copies of complaints which must be sent to Assistant Engineer and Divisional Engineer for information. 
3. A complaint or report made to the Superintendent Railway Police or District Superintendent of Police is followed by the Divisional Engineer or Assistant Engineer in some serious cases. But in ordinary cases, the issue with the local police officials is followed by the Engineering Supervisor. 
4. For theft with the Government Railway Police, when Engineering officials lodge an FIR, it must be undoubtedly pointed out the same is for “stolen property”. To initiate inquiry in cases of cognizable offences, FIR gives power to Government Railway Police.

Cooperation with the government railway police

1. For the prevention and detection of crime, engineering staff must cooperate with the Government Railway Police (GRP). In reporting offences, rapidity is significant; telegraphic, FAX advice must be mailed, once so essential, of some occasion forming the subject of a complaint and the formal complaint must be pursued as soon as possible. 
2. While the GRP needs data as of the records of the office of Engineering Supervisor, they will submit an application to the latter through particulars of requirements. The supervisor may permit GRP personnel to make sure the data specified. Without the power of Assistant Engineer or Divisional/Dy. Chief Engineer, no records must be given up. Through the Assistant Engineer, the memo received from the Police Officer should be sent to the Divisional/ Dy. Chief Engineer for information.
3. Any railway employees having data related to a crime under enquiry must at once converse it to the Police Officer responsible for the case.
4. Throughout the investigations, all railway employees must respond to questions put by the Police. 

Cognizable offences

The following are some of the offences which require instant indication to the GRP by Engineering Staff; they are termed as ‘cognizable by the Police’, meaning that the
Police are authorized to start enquiries and arrests.

S. No.	Sections of the Railways Act	Nature of offence
1.	Sec. 145	Drunkenness or nuisance-being in a state of intoxication committing act of nuisance, using obscene language, interfering with amenities so as to affect comfort of passengers
2.	Sec. 146	Obstructing a Railway Servant in his duty
3.	Sec. 147	Trespass and refusal to desist from trespass
4.	Sec. 150	Maliciously wrecking or attempting to wreck a train
5.	Sec. 151	Damage to or destruction of Railway Property
6.	Sec. 166	Defacing public notices
7.	Sec. 175	Endangering safety of any person travelling upon the railway by disobeying any rule negligent act. (This applies to Railway Servants only)

Non-cognizable offences

The following table shows some of the offences which are termed “non-cognizable by the Police”. It means that without proper orders from a Magistrate, the Police are not legally responsible to take action, including arrests.

S. No.	Sections of the Railways Act	Nature of offence
1.	Sec. 158	Contravention of regulations of hours of work and period of rest by any Railway Servant
2.	Sec. 177	Furnishing false returns.

The Railway Police will record the complaint and take further action according to the procedure in power, in the case of non-cognizable offences.

Powers to arrest by the railway staff

To effect the arrest of any person who has committed a cognizable offence, a Railway Official empowered through Section 179 of the Indian Railways Act of 1989. 

To effect the arrest of any person for non cognizable offence, a Railway Official empowered by Section 180 of the Indian Railways Act, 1989. “Non-cognizable by the Police” granted, if there are legal motives to consider that the offender will abscond or that he/she is providing a false name and address. Under Section 180 of The Railway Act, GRP may arrest him (or her), if the person says no to give his proper name and address, or there is cause to trust that the name and address provided are fake or that such person will escape.

Sections 179 and 180 of the Indian Railways Act, 1989, grant the power to arrest, will be used with the most concern.

Warrants against Railway Staff

To a Police Officer of superior grade, warrants issued against railway servants will be handed over for execution. Police officers of superior will, if he gets on proceeding to execute the warrant that the direct arrest of the railway servant would occasion risk or inconvenience, do all arrangements essential to avoid escape and submit an application to the proper sector to have the accused relieved, deferring arrest until he is relieved. To the higher authority, the Divisional Engineer or Assistant Engineer must organize relief and report any case of arrest wherever possible.  

Action by railway staff in cases of attempted sabotage

Every time, any offence under Sections 150 or 151 of the Indian Railways Act, 1989 is noticed, the senior most Railway Official present may direct the Police Officer or Policemen present or, Railway servant (if there be no Policeman present), to arrest the offender at once.

A full report must be prepared to the proper authorities in all cases.

Prevention of trespass

a) On essential places, Trespass Notice Boards must be erected and maintained well. The consequences of trespass must be specified in the Boards. 

b) Stray cattle found grazing in the railway border might be sent to the cattle pound. 

c) Medical Department may be rapidly advised for the removal, if dead bodies of the cattle etc. are found in the railway colony, station limits.

Disposal of human bodies

The following procedure will be approved, once the body of a person run over is found between stations:

a) If life is extinct, the body will not be moved more than is essential to clear the line, until the arrival of Police. The body may be left in charge of a Gangman, Gateman or a villager. The Guard or if, there be no Guard, by the Driver of the train or other person finding the body will prepare a written memo with the following particulars in all cases. Also be made over to the man placed in charge of the same to be given by him to the Police Official- 

(i) Spot of body on the line. 

(ii) Blood stains on track, ballast or engine, extent of injuries and whether seemingly inflicted by a train or otherwise. 

(iii) Place of any clothing, found on or near the rails.

b) The person shall be conveyed to the next station as promptly as also the Station Master will arrange medical aid, if life is not extinct. 

c) The Section Engineer to the nearest Station Master and to the Assistant Engineer will prepare a report in every such case.

Necessary action will be taken by Station Master in the case of such accidents occurring in station yards.

Disposal of cattle

When cattle are run over on the line, the carcasses must be cleared sufficiently away from the line.

Complaint through web portal and mobile app

To register a complaint, RailMadad App can be used which is available on all Android Platforms, or RailMadad Web Portal can also be used for registering complaints.

Website link: http://www.coms.indianrailways.gov.in/

Additional features

Key Features of Rail Madad Application:

• Rail passengers can also make complaints with photos.
• The complaint number will be issued on the complaint.
• Immediately this information will be made available to the concerned field officers of the division.
• The passenger will be updated by sending an instant message to his complaint.
• Not only this, but a direct phone facility has also been provided as a direct option for immediate help.

‘Rail Madad’ will display the number of different types of support services. For example, security, child support services, women’s support, medical aid, and many other things are included.

Web-based complaint about Indian railways

• You can directly complain to Indian Railways through the Browser of your mobile, laptop, or tablet.
• First of all, you have to visit https://railmadad.indianrailways.gov.in/madad/final/home.jsp.   
• In this portal, you can make suggestions and register complaints.
• You can lodge your complaint with the Ministry of Railways or send your suggestions.
• For this, you will have to fill an online form, in which you will have to give details related to the complaint, date of the incident, employee’s name, place of occurrence, etc.
• It is necessary to give the details of personal details, such as name, mobile number, e-mail, address, etc. in the form.
• You can write your complaint in detail in it.
• Along with this, you will also have to provide the necessary documents.

Here the traveller can lodge the following complaints:

• Allotment of seat berth by train staff
• Bedroll complaint
• Bribery and Corruption
• Booking of Luggage/Parcels
• Cleanliness at Station
• Catering and Vending Service
• Improper behaviour of Commercial Staff (I)
• Improper behaviour of Commercial Staff (II)
• Improper behaviour of Non-Railway
• Staff Maintenance/Cleanliness of Coaches
• Malfunctioning of electrical equipment
• Non-Availability of Water
• Passenger Booking
• Punctuality of Train
• Refund of Tickets
• Reservation Issues Improper guidance
• Thefts/Pilferage

IRCTC complaint portal

• Customer Care No: 011-39340000, 011-23340000 (language: Hindi and English)
• Fax No.: 011-23345400
• Chennai Customer Care No.: 044-25300000 (language: Tamil and English)

RPF – Call 182:

Passengers lodge complaints /Report in case of theft of their luggage, robbery or dacoity in running train. Forms to lodge First Information Report/Complaint to Police are now available with the Coach attendants, Conductors, Guards, RPF train escorts in Running Trains and with RPF Assistance Posts, RPF Post /Outpost at important Railway stations. The affected passengers are requested to fill in the forms with relevant information and hand it over to the above mentioned Railway Officials/RPF Personnel.  The same shall be promptly forwarded to the GRP concerned for further necessary action. Passengers are not required to break their journey for lodging their complaints with the police.

Assistance – Call 139:

It is the single window information through universal number 139. It has professionally trained agents in Hindi, English and regional languages. One can get all your information about PNR Enquiry, Train Arrival / Departure Enquiry, Accommodation Availability, Fare Enquiry, Train Time Table Enquiry, Train Name/ Number.

Railway Helpline No. – Call 1512:

The Government of India has launched all India Railway Helpline Number 1512. Passengers can report any illegal act observed while travelling in trains instantly and get an FIR registered without interrupting their journey. The special thing about this service is that it will not only register the complaint, but also informs the Government Railway Police guards present on the train and the local police station of the area. The helpline also facilitates one-to-one communication between the on-duty policemen and passengers in distress, who complain on the helpline.

The helpline, that at present covers 28 states and all Union territories, was launched by Union minister Haribhai Parthibhai Chaudhary. Passengers can call the helpline number while travelling in train or at railway stations to report incidents of crime. A phone call on 1512 from anywhere in India will land in the concerned Control Room of State Government Railway Police (GRP), thereby leading to swift response to attend the distress call. The helpline is also provided with geo-fencing features so that a call by a railway passenger will be received by the concerned control room in a state.   

Steps taken to resolve complaints

Data analysis

Crimes reported on railway premises and on board running trains between 2017 and 2019, an RTI query has found the below info.

(Source – The Hindu^[i])

In response to an RTI the Railway Ministry revealed that over 1.71 lakh cases of theft have been reported by passengers in trains in the last 10 years.^[ii]

Misusing the helpline

According to The Economics Times article dated 17 Sept 2019, the railway police in Delhi has reported that about 80 per cent calls on its helpline per day is related to requests for pizza delivery, mobile recharges or other such trivial matters.^[iii]

The Delhi Railway Police Control Room receives 200 phone calls on an average on its 1512 helpline daily, and during 80 percent of such calls, passengers either request the staff to get eatables such as pizzas and burgers delivered to them or enquire about railway jobs. Phone recharge, Delivery of pizza, burgers, tea, juice, cold water are some of the demands of the passengers. There are also passengers who seek police assistance in getting their electricity bill paid or train tickets booked.

However, through booklets and pamphlets, the Delhi Railway Police is creating awareness among passengers to seek police assistance in case of any difficulty or emergency, they can dial 1512 to report any crime, the officer said. According to police, people are not really aware about the purpose of the helpline and make unnecessary requests. It’s the staff deployed at the railway police control room who are having a tough time in dealing with such callers round the clock. Passengers also place requests to get their train stopped in case they get late in reaching their station.

Ways to Improve:

1. More Awareness campaigns through Social Media Platform.
2. Regular awareness pictures, videos, reports should be circulated along with real incidents.
3. All helpline nos. should be displayed at every coach of the train, every platform and every station.
4. Indian Railway should club with Network service providers to make helpline numbers default in every mobile.

Conclusion

We hope that this blog is very informative for train passengers with detailed reports on crimes in Railways. It is suggested to note all the helpline numbers provided by the Government before boarding the train so that one can have a safe journey.

References

^[I] https://www.thehindu.com/news/national/over-160-rape-cases-reported-on-railway-premises-on-board-trains-from-2017-2019 rti/article30956858.ece#:~:text=While%20in%202019%2C%20there%20were,2017%2C%20the%20number%20was%2071%2C055.

^[ii] https://www.timesnownews.com/mirror-now/civic-issues/article/over-1-71-lakh-theft-cases-reported-by-indian-railways-passengers-in-last-decade-reveals-rti/408502

^[iii] https://economictimes.indiatimes.com/industry/transportation/railways/delhi-railway-police-helpline-flooded-with-requests-to-get-pizzas-burgers-delivered/a-helpline-for-food/slideshow/71165144.cms

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