Definitions
Section 123 of the Railways Act, 1989 deals with definitions. In this Chapter, unless the context otherwise requires, (a) "accident" means an accident of the nature described in section 124; The Act came into force on 01 Jul 1990.
In this Chapter, unless the context otherwise requires,
(a) "accident" means an accident of the nature described in section 124;
(b) "dependant" means any of the following relatives of a deceased passenger, namely:--
(i) the wife, husband, son and daughter, and in case the deceased passenger is unmarried or is a minor, his parent;
(ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a pre-deceased son, if dependant wholly or partly on the deceased passenger;
(iii) a minor child of a pre-deceased daughter, if wholly dependant on the deceased passenger;
(iv) the paternal grand parent wholly dependant on the deceased passenger;
1[(c) "untoward incident" means--
(1) (i) the commission of a terrorist act within the meaning of sub-section (1) of section (3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or
(ii) the making of a violent attack or the commission of robbery or dacoity; or
(iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or
(2) the accidental falling of any passenger from a train carrying passengers.]
Section 123, The Railways Act, 1989 (Act 24 of 1989).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Union of India vs Prabhakaran Vijayakumar
Court's Decision & Legal Precedent
When a bona fide passenger holding a valid ticket attempts to board a moving train and falls as a result, this constitutes an 'accidental falling of a passenger from a train carrying passengers' within the meaning of Section 123(c) of the Railways Act, 1989, and therefore qualifies as an 'untoward incident' entitling the passenger or their dependents to compensation under Section 124A of the Railways Act. The Railways Act, being a beneficial welfare statute, must be interpreted liberally and purposively to advance its object of protecting railway passengers, not narrowly or technically. Strict liability applies under Section 124A irrespective of fault or negligence on the part of the Railway Administration, and this principle extends to public undertakings as part of the constitutional duty of the Welfare State to protect its citizens.
On this section: Definition of 'untoward incident' to include accidental falling of any passenger from a train carrying passengers. Court interpreted this liberally to include attempts to board a moving train.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The circumstantial evidence suggest that the fatal injury of the deceased was as a result of falling from a train and therefore issue number 3 is decided in favour of the applicant and the accidental falling in this case fall within the Provisions of Section 123(c) of Railways Act, 1989" 8. A careful perusal of the aforesaid reasoning vis-a-vis , the digital LCR<sup>3</sup> would show that learned RCT failed in its duty to consider the fact that the incident was recorded on 28.04.2017 at 23:30 hrs and the inquest that continued for about 6 hours in terms of Section 174 …
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… The matter was informed to the Ticket Examiner as well as to the Station Master and he was admitted in Specialist Hospital. He filed the above application claiming compensation on the ground that he sustained injuries as a result of 'untoward incident' as defined under Section 123 (c) of the Railways Act, 1989. 3. The Tribunal found that the appellant was not involved in an untoward incident and accordingly the Tribunal dismissed the application. Aggrieved by the above order of the Tribunal, the appellant preferred this appeal raising various contentions. 4. According to the appellant, …
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… Since the standard of care on the Railway Administration is high and strict, it has to take necessary steps to avert any 'untoward incident', as defined in clause (c) of Section 123 of the Railways Act, 1989, and to ensure the safety of passengers, including women passengers, by taking appropriate measures. The lives of people travelling in trains are precious for their families and also for the nation. Therefore, the Railway Administration has to take measures to avert an untoward incident …
Made under this section, and citing it
3 instruments name this provision in its title or its text without being made under it.
Questions about Section 123
What have the courts held on Section 123 of the Railways Act?
Union of India vs Prabhakaran Vijayakumar (05 May 2008) is the leading judgment on this section among those set out below: Definition of 'untoward incident' to include accidental falling of any passenger from a train carrying passengers. Court interpreted this liberally to include attempts to board a moving train.
How do I find court cases under Section 123 of the Railways Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Railways Act 1989 123, section 123 Railways Act 1989, section 123 of the Railways Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Union of India vs Prabhakaran Vijayakumar (05 May 2008).
What should I read with Section 123 of the Railways Act, and has it changed?
Its own text turns on section 124 (Extent of liability), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. 3 instruments name it without being made under it, most recently G.S.R. 346(E) Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2020 (2020), then G.S.R. 347(E) The Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 2020 (2020).
When did Section 123 of the Railways Act come into force?
Section 123 of the Railways Act, cited as Railways Act 1989 123, came into force on 01 Jul 1990, having been enacted on 03 Jun 1989. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1289 words
- 90. Disposal of unremoved goods at notified stations852 words
- 20F. Determination of amount payable as compensation652 words
- 89. Power to declare notified stations529 words
- 138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance492 words
- 16. Accommodation works485 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.