Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance
Section 138 of the Railways Act, 1989 deals with levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance. If any passenger,-- (a) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being made therefor under section 54, or (b) travels in a train in contravention of the provisions of section 55, he shall be liab The Act came into force on 01 Jul 1990.
(1) If any passenger,--
(a) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being made therefor under section 54, or
(b) travels in a train in contravention of the provisions of section 55, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelled or, where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or, if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or in the case of their having been examined more than once, were last examined.
(2) If any passenger,--
(a) travels or attempts to travel in or on a carriage, or by a train, of a higher class than that for which he has obtained a pass or purchased a ticket; or
(b) travels in or on a carriage beyond the place authorised by his pass or ticket, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, any difference between the fare paid by him and the fare payable in respect of the journey he has made and the excess charge referred to in sub-section (3).
(3) The excess charge shall be a sum equal to the amount payable under sub-section (1) or sub-section (2), as the case may be, or 1[two hundred and fifty rupees], whichever is more:
Provided that if the passenger has with him a certificate granted under sub-section (2) of section 55, no excess charge shall be payable.
(4) If any passenger liable to pay the excess charge and the fare mentioned in sub-section (1), or the excess charge and any difference of fare mentioned in sub-section (2), fails or refuses to pay the same on a demand being made therefor under one or other of these sub-sections, as the case may be, any railway servant authorised by the railway administration in this behalf may apply to any Metropolitan Magistrate or a Judicial Magistrate of the first or second class, as the case may be, for the recovery of the sum payable as if it were a fine, and the Magistrate if satisfied that the sum is payable shall order it to be so recovered, and may order that the person liable for the payment shall in default of payment suffer imprisonment of either description for a term which may extend to one month but not less than ten days.
(5) Any sum recovered under sub-section (4) shall, as and when it is recovered, be paid to the railway administration.
Section 138, 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.
This section refers to
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.
-
… passenger, as he was holding valid railway journey ticket bearing No.5573 for Guntur to Giddalur and as he is liable to pay any difference between the fare paid by him and the fare payable in respect of the excess journey he has made beyond the Station to which he has valid ticket." 10. The provision of Section 138 of the Railways Act, 1989, permits levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance. At the most, the passengers, who travelled beyond their destination in a train, would be liable to pay excess fare or charge for the overtravelled distance. But merely on the …
-
… On the other hand, learned counsel for the appellants has stated that the deceased was having a valid railway ticket though for a different kind of train. Learned counsel has referred to Section 138 of the Act. Subsection (1) of the same provides as under:- Section 138 in The Railways Act, 1989 138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance.— (1) If any passenger,— (a) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on …
-
… Learned Trial Court further ordered that the accused-petitioner shall pay Rs. 282/- towards railway freight and other charges to the railways administration and upon failing to do so, he shall undergo 10 days simple imprisonment under Section 138 of the Railways Act. 2 3. The concise facts of the case are that a written report was submitted by the complainant Mukesh on 24.11.2011 at Police Station GRP, Sawai Madhopur regarding an incident of theft of his suitcase from the train while he and his mother were traveling, which took place on 23.11.2011. …
Questions about Section 138
What does Section 138 of the Railways Act deal with?
Section 138 of the Railways Act is headed "Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance". If any passenger,-- (a) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being made therefor under section 54, or (b) travels in a train in contravention of the provisions of section 55, he shall be liab
How do I find court cases under Section 138 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 138, section 138 Railways Act 1989, section 138 of the Railways Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 138 of the Railways Act, and has it changed?
Its own text turns on section 54 (Exhibition and surrender of passes and tickets), section 55 (Prohibition against travelling without pass or ticket), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it.
When did Section 138 of the Railways Act come into force?
Section 138 of the Railways Act, cited as Railways Act 1989 138, 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
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.