Goods carried at owner’s risk rate
Section 97 of the Railways Act, 1989 deals with goods carried at owner’s risk rate. Notwithstanding anything contained in section 93, a railway administration shall not be responsible for any loss, destruction, damage, deterioration or nondelivery in transit, of any consignment carried at owners risk rate, from whatever cause arising, except upon proof, that such loss, destruction, The Act came into force on 01 Jul 1990.
Notwithstanding anything contained in section 93, a railway administration shall not be responsible for any loss, destruction, damage, deterioration or nondelivery in transit, of any consignment carried at owners risk rate, from whatever cause arising, except upon proof, that such loss, destruction, damage, deterioration or non-delivery was due to negligence or misconduct on its part or on the part of any of its servants:
Provided that,--
(a) where the whole of such consignment or the whole of any package forming part of such consignment is not delivered to the consignee or the endorsee and such non-delivery is not proved by the railway administration to have been due to fire or to any accident to the train; or
(b) where in respect of any such consignment or of any package forming part of such consignment which had been so covered or protected that the covering or protection was not readily removable by hand, it is pointed out to the railway administration on or before delivery that any part of that consignment or package had been pilfered in transit, the railway administration shall be bound to disclose to the consignor, the consignee or the endorsee how the consignment or the package was dealt with throughout the time it was in its possession or control, but if negligence or misconduct on the part of the railway administration or of any of its servants cannot be fairly inferred from such disclosure, the burden of proving such negligence or misconduct shall lie on the consignor, the consignee or the endorsee.
Section 97, 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
Questions about Section 97
What does Section 97 of the Railways Act deal with?
Section 97 of the Railways Act is headed "Goods carried at owner’s risk rate". Notwithstanding anything contained in section 93, a railway administration shall not be responsible for any loss, destruction, damage, deterioration or nondelivery in transit, of any consignment carried at owners risk rate, from whatever cause arising, except upon proof, that such loss, destruction,
How do I find court cases under Section 97 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 97, section 97 Railways Act 1989, section 97 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 97 of the Railways Act, and has it changed?
Its own text turns on section 93 (General responsibility of a railway administration as carrier of goods), so none of them can safely be read on its own.
When did Section 97 of the Railways Act come into force?
Section 97 of the Railways Act, cited as Railways Act 1989 97, 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.