Drunkenness or nuisance
Section 145 of the Railways Act, 1989 deals with drunkenness or nuisance. If any person in any railway carriage or upon any part of a railway-- (a) is in a state of intoxication; The Act came into force on 01 Jul 1990.
If any person in any railway carriage or upon any part of a railway--
(a) is in a state of intoxication; or
(b) commits any nuisance or act of indecency or uses abusive or obscene language; or
(c) wilfully or without excuse interferes with any amenity provided by the railway administration so as to affect the comfortable travel of any passenger,
he may be removed from the railway by any railway servant and shall, in addition to the forfeiture of his pass or ticket, be punishable with imprisonment which may extend to six months and with fine which may extend to five hundred rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than--
(a) a fine of one hundred rupees in the case of conviction for the first offence; and
(b) imprisonment of one month and a fine of two hundred and fifty rupees, in the case of conviction for second or subsequent offence.
Section 145, The Railways Act, 1989 (Act 24 of 1989).
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.
-
Ramesh Jain v. State of Karnataka
Court's Decision & Legal Precedent
Quash petition allowed: FIR alleging Railways Act s.145 drunkenness/nuisance failed to disclose essential ingredients of the offence; continuing prosecution would be abuse of process.
On this section: s.145 — Drunkenness or nuisance on railway; FIR must plead statutory ingredients
-
Shah Rukh Khan S/o. Meer Taj Mohammed vs State of Gujarat
Court's Decision & Legal Precedent
For an act to constitute criminal negligence under IPC Sections 336-338, the degree of negligence must be 'gross' or of a very high degree; mere promotion/waving at a crowd does not meet this threshold and cannot be deemed the 'causa causans' of a stampede where other intervening factors exist.
On this section: Prohibition of taking cognizance except on complaint by authorized officer.
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.
Questions about Section 145
What have the courts held on Section 145 of the Railways Act?
Ramesh Jain v. State of Karnataka (20 Dec 2023) is the leading judgment on this section among those set out below: s.145 — Drunkenness or nuisance on railway; FIR must plead statutory ingredients. Another 1 judgment on this section is set out below. They run from 2022 to 2023.
How do I find court cases under Section 145 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 145, section 145 Railways Act 1989, section 145 of the Railways Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Ramesh Jain v. State of Karnataka (20 Dec 2023).
When did Section 145 of the Railways Act come into force?
Section 145 of the Railways Act, cited as Railways Act 1989 145, 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 14 Oct 2026. This page is not a substitute for legal advice.