• Railway Act section 143

My freind was charged under 143 railway act and was sent to jail after which he got bail and was released . After someday police sent summon to him for statement recording so he go to the officer next day for statement recording where in the statement he admitted of booking tatkal tickets on personal id . So now as he admitted of booking tickets in the statement can he again get arrested by police before court hearing .
Asked 7 years ago in Criminal Law
Religion: Hindu

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16 Answers

Since he is in bail he won't be arrested based on his statements police with report shall present statment before the court and the course of trial his statment will be recorded before court also.

The arrest after bail is only in case if the court cancels the bail or by order of court otherwise police cannot arrest. The trial in case shall proceed.

Donot worry he shall not be arrested.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

If he has been released on bail then he can not be arrested now.

if he is participating in the investigation then he can not be arrested.

He must not flout with the conditions of the bail

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Judgment depends upon the fact off the case and upon the trial.

Can not be told at this stage

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

section . 143 of Railway Act, 1989 contains provisions for imposing of penalty for unauthorized carrying on of business of procuring and supply of railway tickets.

2. This offense is bailable since the maximum punishment is of three years imprisonment or with fine of Rs. 10,000.00 or with both and for a second repeat of the same offence attracts but if some viable explanation is given before the special court then the punishment can be reduced to term of imprisonment of two months.

3_ since he is on bail he would not be arrested again before court hearing

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

your friend may be imposed fine or sentenced to imprisonment as mentioned herein above

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

He will not be arrested but the statement will be on record. Any statements given to police is not admissible in court so nothing to worry.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear,

according to section 143 railway act, the offence committed in this section are non-bailable.

as you mentioned your friend got bail so now case is pending in court and police don't have a right

to arrest same person in same offence when case is pending in court.

judgement for what?

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Dear Client,

Don`t panic, statement given to police need not to be proved neither he can be rearrested without cancellation of bail or some additional charges imposed.

Section 25 CrPC – Confession to police officer not to be proved...

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Once arrested and has been enlarged on bail, he will not be arrested for the same charges or FIR.

The trial will be conducted after that.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

What will be the judgment in 143 railway act as my freind is caught for the first time and also having no criminal records

If any person purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You friend will not again arrested by the police officer only on the basis of that statement because according to Section 161 of the code of criminal procedure such kind of statement cannot be used against the accused except for contradiction under section 145 of the Indian Evidence Act.

Your friend has enlarged on bail by order of the court therefore only Court has power to issue arrest warrant if Court finds that accused has deliberately breached any condition of the bail.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

This is bailable offence and punishable with imprisonment upto 1 month are fine up to 5000 rupees. If you want to settle this case then you can move an application under chapter 21 A  for plea bargaining. There after the court will dispose of this case upon deposition of fine as fixed by the court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

In such cases generally there is only fine in monetary terms or there can be minimal punishment of one month to 6 month.

In sever case where previous offences are there there can be punishment for three years as prescribed by the statute.

Section 143 in The Railways Act, 1989

143. Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets.—

(1) If any person, not being a railway servant or an agent authorised in this behalf,—

(a) carries on the business of procuring and supplying tickets for travel on a railway or from reserved accommodation for journey in a train; or

(b) purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees.

(2) Whoever abets any offence punishable under this section shall, whether or not such offence is committed, be punishable with the same punishment as is provided for the offence.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No, he can’t be arrested once again if not violating the conditions mentioned while granting the bail.

It is the judge’s discretionary powers to decide to what to pronounce as there is Both fine or punishment in the above mentioned section.

And as to said your friend doesn’t have any prior criminal record then he may be released for sure after paying fine of some amount.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Hi,

There may be no arrest after bail and judgment can't be predicted at this stage.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Sir,

Since the offences carries imprisonment for only three years as such it cannot be considered as serious offence. Once released on bail cannot be arrested again until such bail is cancelled by the Court lawfully. Nothing to worry. My advise is to challenge the admission statement before the High Court saying he never stated like that otherwise he may lose his job also.

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Section 143 in The Railways Act, 1989

143. Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets.—

(1) If any person, not being a railway servant or an agent authorised in this behalf,—

(a) carries on the business of procuring and supplying tickets for travel on a railway or from reserved accommodation for journey in a train; or

(b) purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees.

(2) Whoever abets any offence punishable under this section shall, whether or not such offence is committed, be punishable with the same punishment as is provided for the offence.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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