Section 137 of RA, 1989 : Section 137: Fraudulently Travelling Or Attempting To Travel Without Proper Pass Or Ticket

Explanation using Example

Imagine a scenario where an individual, let's call him Raj, decides to travel by train without purchasing a ticket. He sneaks into a train carriage and takes a seat, hoping not to be caught by the ticket inspector. This action falls under Section 137(1)(a) of The Railways Act, 1989, as Raj is traveling in contravention of section 55, which requires passengers to possess and show a valid ticket when asked.

During the journey, a ticket inspector approaches Raj and asks to see his ticket. Raj admits that he does not have one and had boarded the train with the intention of avoiding the fare. The inspector informs him that this is an offense and Raj could face legal consequences. Under Section 137(1), Raj could be subject to imprisonment for up to six months, or a fine up to one thousand rupees, or both. Moreover, the court is likely to impose a minimum fine of five hundred rupees unless there are special reasons not to do so.

In addition to legal penalties, Raj is also required to pay the excess charge as mentioned in Section 137(2) and (3). This means he must pay the ordinary single fare from the station the train started or from the last point the tickets were checked, plus an excess charge which is the higher of the ordinary single fare or two hundred and fifty rupees.

If Raj is unable to pay the fine imposed by the court, Section 137(4) allows the court to order imprisonment for a term which may extend to six months as an alternative to the fine.