The Railway Property (Unlawful Possession) Act, 1966
The Railway Property (Unlawful Possession) Act, 1966, Act No. 29 of 1966, was enacted by Parliament to consolidate and amend the law on unlawful possession of railway property across the whole of India. It creates offences for theft, dishonest misappropriation and possession of railway property suspected to be stolen or unlawfully obtained, gives powers to the Railway Protection Force to arrest, inquire and seek search warrants, and repeals the Railway Stores (Unlawful Possession) Act, 1955.
What this law covers
The Railway Property (Unlawful Possession) Act, 1966, Act No. 29 of 1966, applies to the whole of India. It deals with railway property, which includes goods, money, valuable security or animals belonging to, or in the charge or possession of, a railway administration.
The law says a person can be punished for theft, dishonest misappropriation, or for being found in possession of railway property that is reasonably suspected to have been stolen or unlawfully obtained, unless that person proves lawful possession.
Who it affects
This law matters to:
- anyone found with railway property
- owners or occupiers of land or buildings, and their agents managing that land or building, if they wilfully connive at an offence
- people accused of helping, abetting or conspiring in an offence involving railway property
- transporters or others whose animals, vehicles or conveyances may have been used to carry such property
Key powers and procedures
The Railway Protection Force is central to enforcement under the Railway Property (Unlawful Possession) Act, 1966, Act No. 29 of 1966.
- Offences under the law are stated to be not cognizable.
- Even so, any superior officer or member of the Railway Protection Force may arrest without a Magistrate's order and without a warrant if the person is concerned in an offence or is reasonably suspected of being concerned.
- If a person is arrested, the person must be forwarded without delay to the nearest officer of the Railway Protection Force if the arrest was made by someone other than an officer of the Force.
- An officer of the Railway Protection Force who receives information about an offence, or receives an arrested person, must inquire into the charge.
- During that inquiry, the officer may summon people to give evidence or produce documents or other things.
- Such an inquiry is treated as a judicial proceeding for the purposes stated in the Act.
- If an officer believes a place is being used to deposit or sell stolen or unlawfully obtained railway property, the officer must apply to the Magistrate for a search warrant.
Penalties and court powers
The Railway Property (Unlawful Possession) Act, 1966, Act No. 29 of 1966, provides imprisonment and fine for first, second and subsequent offences. It also punishes abetment, conspiracy and wilful connivance.
A court trying an offence may order forfeiture to Government of:
- the property involved in the offence
- receptacles, packages or coverings containing it
- animals, vehicles or other conveyances used to carry it
Other important points
The Railway Property (Unlawful Possession) Act, 1966, Act No. 29 of 1966, overrides inconsistent laws in force. It also repealed the Railway Stores (Unlawful Possession) Act, 1955, while preserving investigation and trial of offences punishable under the repealed law.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this law apply only to railway stores, or to other railway property too?
It applies more broadly to railway property. The definition includes goods, money, valuable security or animals belonging to, or in the charge or possession of, a railway administration.
Can the Railway Protection Force arrest someone without a warrant under this law?
Yes. A superior officer or member of the Railway Protection Force may arrest without a Magistrate's order and without a warrant if the person has been concerned in an offence under the Act or there is reasonable suspicion.
If someone is found with railway property, do they have to prove it was lawfully possessed?
Yes. The law says a person found in possession of railway property reasonably suspected of having been stolen or unlawfully obtained is punishable unless that person proves the property came into possession lawfully.
Can a court confiscate a vehicle used to carry unlawfully obtained railway property?
Yes. A court trying an offence under the Act may order forfeiture to Government of the property involved, its receptacles or coverings, and the animals, vehicles or other conveyances used in carrying it.
