• Accused under section 143 of the railways act

I am accused under the section 143 of the railways act,my partner and i were caught red handed while selling one railway e-ticket illegaly,a case is registered against us so i was looking for some advice,in the chargesheet it is shown that we have made around 10 e-tickets and sold them illegaly,the case is being carried out at a railways court,so my question is to avoid getting a jail sentence and just paying a fine should i plead guilty or should i go ahead with the trial,i know the case is not that big and it is being carried out at a small court but still i was afraid,i dont have any previous criminal record and i am 27 years of age and i belong to a good family so will the magistrate take this into account while announcing the quantum of the sentence,which i wish is only paying a fine and not a jail sentence,any advice will be helpful as i dont know much about criminal cases.thanks in advance.
Asked 4 years ago in Criminal Law
Religion: Muslim

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12 Answers

section 143 (1) b) provides that 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 ticket 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 the 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) you should contest case on merits . if convicted you would be sentenced to imprisonment of at least one month or Rs 5000 fine

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear,

You and your friend illegally sold 10 railway tickets and caught red handed, so i must

say that in this section, if you done any crime is non bailable. So it's only up to on

magistrate mind that he want's to give you bail or not, if he saw your age and future, you will

defiantly get bail. I suggest you to not transfer this case to any link court and bail application

should be heard in front of railway court only. Both results expected,as this is a non bailable offence.

Appoint any good and senior lawyer on your behalf.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear Client,

Punishment for above offense is up to 3 years or fine which may go up to ten thousand. Find some good advocate and plead guilty but before that request court to grant probation. No fine even.

Going through the back ground, first offense, age, future prospect, lesser punishment prescribed for such offense, court will grant you probate or will set you free on fine.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

hello,

the min. fine is 5000/- or a 1-month jail sentence and the max is a punishment not less than imprisonment for a term of one month or a fine of five thousand rupees.

engage a lawyer who would plead your case and try to convince the magistrate that you are a first-timer, will never do something like this again, you have a bright future and you are well educated.

the aforementioned prayers should sway the magistrate into letting you off with a fine.

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the 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.

therefore, the magistrate has to mention reasons, so don't take this lightly.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

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.

One month is the minimum punishment you need to undergo if offence is made out against you.

It’s better to plead guilty and get away with the case. In most of the cases magistrates fines the accused persons and dispose of the matter.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

As-salamu alaykum

Under section 143 of Railways Act 1989 it is punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees. Please understand that 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.

I have come across many cases like this. You have no choice but to defend your case on merits.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

This is my response to you:

1. Plead guilty and pay the penalty of 5 thousand rupees;

2. Tell the judge to avoid the imprisonment and add everything to the penalty;

3. There is maximum penalty of one month imprisonment therefore ask the judge to increase the penalty more than 5 thousand;

4. Narrate the fact that you are from good family and you have past criminal antecedents;

5. Just pay the fine and get done with it.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hi

First and foremost who arrested you

a) Railway protection force or station master?

b) If railway protection force has arrested you and filed the charge sheet, then you do not need to worry and instead can rely upon the judgment of high court of chattisgarh in ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­Criminal Revision No.37 of 2004, it is said that Officer   of   Railway   Protection   Force   is   not entitled   to   initiate   prosecution   by   filing   chargesheet   under   Section   173   of   Cr.P.C.   for   offence punishable   under   Section   143   of   the   Railways   Act, 1989.

So you can use the said judgment in case Railway protection force has arrested you and contest your case and win your case also.

c) If station master has arrested you, there are other defences available to you under Cr.P.C and you should contest the case. Please contact a good criminal lawyer in mumbai and get yourself out of the case.

d) Please note that there are many cases filed u/s143 of Railway act and most have them have resulted in Acquittal because of lack of evidence etc.

e) Also in 1 of the case(in chattisgarh again) a person was acquitted based on the following argument :-even if the e-tickets were seized it will not amount to offence as enumerated u/s 143 of the Railways Act, 1989. It is contended that the e-tickets were issued by IRCTC and it is not at all a case that fake tickets have been issued. It is further contended that the money has passed into the account of Railways through others bank accounts and no cash transaction has actually been effected with the Railways. Therefore, it is stated that the incident of fraud or selling fake tickets do not arise at all. It is stated that the tickets which were issued were also not to the persons of the fake identify or any fictitious persons but it was issued to the genuine persons who had approached the applicant to get the tickets and money has been paid through their account only. Therefore, no criminal act can be attributed to the applicant.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Since, there is minimum jail time of 1 month is involved in case of offences under section 143 of the Railway Act, I would advise you not to plead guilty and go for trial as the chances are that would you would be acquitted on benefit of doubt as a lot of evidence is required for conviction in criminal cases.

If you are fine with going to jail for a minimum of one month, then you may plead guilty wherein the quantum of sentence would be decided on your past criminal record, age et cetera.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

See pleading guilty does not mean that court cannot jail you it can the provision itself provide for minimum sentence of one month extendable about 3 years so in can you plead guilty there can be punishment.

So in case it is better to see mood of the court hire a good lawyer in your court he shall guide if he tells that in such case court gives only fine then you can plead guilty otherwise you can contest the case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. The Crime (if proved) is punishable with 3 years or penalty of 10000/-

2. However, If you prudently plead guilty, THEN only penalty of 5000/-

3. It is better to stand Trial using the services of a competent Lawyer and ultimately pay the Penalty. Imprisonment is very rare.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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.

You may plead guilty and admit the offence and request the court for fine amount alone, being a petty offence the court may consider your request.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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