Trespass and refusal to desist from trespass
Section 147 of the Railways Act, 1989 deals with trespass and refusal to desist from trespass. If any person enters upon or into any part of a railway without lawful authority, or having lawfully entered upon or into such part misuses such property or refuses to leave, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thou The Act came into force on 01 Jul 1990.
(1) If any person enters upon or into any part of a railway without lawful authority, or having lawfully entered upon or into such part misuses such property or refuses to leave, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both:
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 fine of five hundred rupees.
(2) Any person referred to in sub-section (1) may be removed from the railway by any railway servant or by any other person whom such railway servant may call to his aid.
Section 147, 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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Sivasankaran v. Union of India (RPF)
Court's Decision & Legal Precedent
Proceedings under Railways Act ss.147 & 174(a) for platform/track protest quashed: peaceful democratic protest without intention to unlawfully trespass or wilfully obstruct train does not attract trespass offence; continuation is abuse of process (BNSS s.528). DATE-verified Final Order 21.03.2025.
On this section: s.147 — Trespass on railway; peaceful protest without unlawful-entry intent not offence
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 147
What have the courts held on Section 147 of the Railways Act?
Sivasankaran v. Union of India (RPF) (21 Mar 2025) is the leading judgment on this section among those set out below: s.147 — Trespass on railway; peaceful protest without unlawful-entry intent not offence.
How do I find court cases under Section 147 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 147, section 147 Railways Act 1989, section 147 of the Railways Act. People searching for it also type railway act 147 fine and railway act 147 punishment. 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 Sivasankaran v. Union of India (RPF) (21 Mar 2025).
What should I read with Section 147 of the Railways Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 147 of the Railways Act come into force?
Section 147 of the Railways Act, cited as Railways Act 1989 147, 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.