THE RAILWAY PROPERTY (UNLAWFUL POSSESSION) ACT, 1966 

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ARRANGEMENT OF SECTION 
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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Penalty for theft, dishonest misappropriation or unlawful possession of railway property. 
4.  Punishment for abetment, conspiracy or connivance at offences. 
5.  Offences under the Act not to be cognizable. 
6.  Power to arrest without warrant. 
7.  Disposal of persons arrested. 
8.  Inquiry how to be made. 
9.  Power to summon persons to give evidence and produce documents. 
10.  Issue of search warrant. 
11.  Searches and arrests how to be made. 
12.  Officers required to assist. 
13.  Power of courts to order forfeiture of vehicles, etc. 
14.  Act to override other laws. 
15.  Construction of references to laws not in force in Jammu and Kashmir. 
16.  Repeal and savings. 

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THE RAILWAY PROPERTY (UNLAWFUL POSSESSION) ACT, 1966 

ACT NO. 29 OF 1966 

[16th September, 1966.] 

An Act to consolidate and amend the law relating to unlawful possession of railway property. 

BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:— 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Railway  Property 

(Unlawful Possession) Act, 1966. 

(2) It extends to the whole of India. 
(3) It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Force”  means  the  Railway  Protection  Force  constituted  under  section  3  of  the  Railway 

Protection Force Act, 1957 (23 of 1957); 

(b) “member of the Force” means a person appointed to the Force, other than a superior officer; 

(c)  “officer  of  the  Force”  means  an  officer  of  and  above  the  rank  of  Assistant  Sub-Inspector 

appointed to the Force and includes a superior officer; 

(d) “railway property” includes any goods, money or valuable security or animal, belonging to, or 

in the charge or possession of, a railway administration; 

(e)  “superior  officer”  means  any  of  the  officers  appointed  under  section  4  of  the  Railway 
Protection  Force  Act,  1957  (23  of  1957),  and  includes  any  other  officer  appointed  by  the  Central 
Government as a superior officer of the force; 

(f)  words  and  expressions  used  but  not  defined  in  this  Act  and  defined  in  the  Indian  Railways     

Act, 1890 (9 of 1890), shall have the meanings respectively assigned to them under that Act. 
3.  2[Penalty  for  theft,  dishonest  misappropriation  or  unlawful  possession  of  railway      

property].—3[Whoever commits theft, or dishonestly misappropriates or is found, or is proved] to have 
been,  in  possession  of  any  railway  property  reasonably  suspected  of  having  been  stolen  or  unlawfully 
obtained  shall,  unless  he  proves  that  the  railway  property  came  into  his  possession  lawfully,  be 
punishable— 

(a) for the first offence, with imprisonment for a term  which may extend to five years, or with 
fine, or with both and in the absence of special and adequate reasons to be mentioned in the judgment 
of the court, such imprisonment shall not be less than one year and such fine shall not be less than one 
thousand rupees; 

(b) for the second or a subsequent offence, with imprisonment for a term which may extend to 
five years and also with fine and in the absence of special and adequate reasons to be mentioned in 
the judgment of the court, such imprisonment shall not be less than two years and such fine shall not 
be less than two thousand rupees. 
4[Explanation.—For the purposes of this section, “theft” and “dishonest misappropriation” shall have 
the same meanings as assigned to them respectively in section 378 and section 403 of the Indian Penal 
Code (45 of 1860).] 

1. 1st April, 1968, vide notification No. S.O. 1225, dated 1st April, 1968, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 
2. Subs. by Act 25 of 2012, s. 2, for the marginal heading (w.e.f. 15-8-2012). 
3. Subs. by s. 2, ibid., for “Whoever is found, or is proved” (w.e.f. 15-8-2012). 
4. Explanation ins. by s. 2, ibid. (w.e.f. 15-8-2012). 

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4.  1[Punishment  for  abetment,  conspiracy  or  connivance  at  offences.]—2[Whoever  abets  or 
conspires in the commission of an offence punishable under this Act, or any owner] or occupier of land or 
building, or any agent of such owner or occupier in charge of the management of that land or building, 
who  wilfully  connives  at  an  offence  against  the  provisions  of  this  Act,  shall  be  punishable  with 
imprisonment for a term which may extend to five years, or with fine, or with both. 

3[Explanation.—For the purposes of this section, the words “abet” and “conspire” shall have the same 

meanings  as  assigned  to  them  respectively  in  sections  107  and  120A  of  the  Indian  Penal                     
Code (45 of 1860.)] 

5. Offences under the Act not to be cognizable.—Notwithstanding anything contained in the Code 

of Criminal Procedure, 1898 (5 of 1898), an offence under this Act shall not be cognizable. 

6. Power to arrest without warrant.—Any superior officer or member of the Force may, without an 
order from a Magistrate and without a warrant, arrest any person who has been concerned in an offence 
punishable under this Act or against whom a reasonable suspicion exists of his having been so concerned. 

7.  Disposal  of  persons  arrested.—Every  person  arrested  for  an  offence  punishable  under  this  Act 
shall, if the arrest was made by a person other than an officer of the Force, be forwarded without delay to 
the nearest officer of the Force. 

8.  4[Inquiry how to be made].—(1) 5[When an officer of the Force receives information about the 
commission of an offence punishable under this Act, or when any person is arrested] by an officer of the 
Force for an offence punishable under this Act or is forwarded to him under section 7, he shall proceed to 
inquire into the charge against such person. 

(2) For this purpose the officer of the Force may exercise the same powers and shall be subject to the 
same provisions as the officer incharge of a police-station may exercise and is subject to under the Code 
of Criminal Procedure, 1898 (5 of 1898), when investigating a cognizable case: 

Provided that— 

(a) if the officer of the Force is of opinion that there is sufficient evidence or reasonable ground 
of  suspicion  against  the  accused  person,  he  shall  either  admit  him  to  bail  to  appear  before  a 
Magistrate having jurisdiction in the case, or forward him in custody to such Magistrate; 

(b)  if  it  appears  to  the  officer  of  the  Force  that  there  is  not  sufficient  evidence  or  reasonable 
ground of suspicion against the accused person, he shall release the accused person on his executing a 
bond,  with  or  without  sureties  as  the  officer  of  the  Force  may  direct,  to  appear,  if  and  when  so 
required before the Magistrate having jurisdiction, and shall make a full report of all the particulars of 
the case to his official superior. 

9.  Power  to  summon  persons  to  give  evidence  and  produce  documents.—(1)  An  officer  of  the 
Force  shall  have  power  to  summon  any  person  whose  attendance  he  considers  necessary  either  to  give 
evidence or to produce a document, or any other thing in any inquiry which such officer in making for 
any of the purposes of this Act. 

(2) A summons to produce documents or other things may be for the production of certain specified 
documents  or  things  or  for  the  production  of  all  documents  or  things  of  a  certain  description  in  the 
possession or under the control of the person summoned. 

(3) All persons, so summoned, shall be bound to attend either in person or by an authorised agent as 
such officer may direct; and all persons so summoned shall be bound to state the truth upon any subject 
respecting which they are examined or make statements and to produce such documents and other things 
as may be required: 

1. Subs. by Act 25 of 2012, s. 3, for the marginal heading (w.e.f. 15-8-2012). 
2. Subs. by s. 3, ibid., for “Any owner” (w.e.f. 15-8-2012). 
3. Explanation ins. by s. 3, ibid. (w.e.f. 15-8-2012). 
4. Subs. by s. 4, ibid., for the marginal heading (w.e.f. 15-8-2012). 
5. Subs. by s. 4, ibid., for “When any person is arrested” (w.e.f. 15-8-2012). 

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Provided 

that 

the  exemptions  under  sections  132  and  133  of 

the  Code  of  Civil                       

Procedure, 1908 (5 of 1908), shall be applicable to requisitions for attendance under this section. 

(4) Every such inquiry as aforesaid, shall be deemed to be a “judicial proceeding” within the meaning 

of sections 193 and 228 of the Indian Penal Code (45 of 1860). 

10. Issue of search warrant.—(1) If an officer of the Force has reason to believe that any place is 
used for the deposit or sale of railway property which had been stolen or unlawfully obtained, he shall 
make an application to the Magistrate, having jurisdiction over the area in which that place is situate, for 
issue of a search warrant. 

(2) The Magistrate to whom an application is made under sub-section (1), may, after such inquiry as 

he thinks necessary, by his warrant authorise any officer of the Force— 

(a) to enter, with such assistance as may be required, such place; 

(b) to search the same in the manner specified in the warrant; 

(c) to take possession of any railway property therein found which he reasonably suspects to be 

stolen or unlawfully obtained; and 

(d) to convey such railway property before a Magistrate, or to guard the same on the spot until the 

offender is taken before a Magistrate, or otherwise to dispose thereof in some place of safety. 

11. Searches and arrests how to be made.—All searches and arrests made under this Act shall be 
carried  out  in  accordance  with  the  provisions  of  the  Code  of  Criminal  Procedure,  1898  (5  of  1898), 
relating respectively to searches and arrests made under that Code. 

12.  Officers  required  to  assist.—All  officers  of  Government  and  all  village  officers  are  hereby 
empowered and required to assist the superior officers and members of the  Force in the enforcement of 
this Act. 

13. Power of courts to order forfeiture of vehicles, etc.—Any court trying an offence punishable 
under this Act may order the forfeiture to Government of any property in respect of which the  Court is 
satisfied  that  an  offence  under  this  Act  has  been  committed  and  may  also  order  the  forfeiture  of  any 
receptacles, packages or coverings in which such property is contained, and the animals, vehicles, or other 
conveyances used in carrying the property. 

14.  Act  to  override  other  laws.—The  provisions  of  this  Act  shall  have  effect  notwithstanding 

anything inconsistent therewith contained in any other law for the time being in force. 

15. [Construction of references to laws not in force in Jammu and Kashmir].—Omitted by the Jammu 
and  Kashmir  Reorganization  (Adaptation  of  Central  Laws)  Order,  2020,  vide  notification  No.  
S.O.  1123(E)  dated  (18-3-2020)  and  vide  Union  Territory  of  Ladakh  Reorganisation  (Adaptation  of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020). 

16. Repeal and savings.—(1) The Railway Stores (Unlawful Possession) Act, 1955 (51 of 1955), is 

hereby repealed. 

(2) Nothing  contained  in  this  Act  shall apply  to  offences  punishable under  the Act  hereby  repealed 

and such offences may be investigated and tried as if this Act had not been passed. 

(3) The  mention  of  particular  matters in  sub-section (2)  shall  not  be  held to  prejudice  or  affect  the 
general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of 
repeals. 

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