The Railway Property (Unlawful Possession) Act, 1966

(1) This Act may be called the Railway Property(Unlawful Possession) Act, 1966. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "Force" means the Railway Protection Force constituted under section 3 of the RailwayProtection Force Act, 1957 (23 of 1957); (b) "member of the Force" means a person appointed to the Force, other than a superior officer; (c) "officer of the Force" means an officer of and above the rank of Assistant Sub-Inspectorappointed to the Force and includes a superior officer; (d) "railway property" includes any goods, money or valuable security or animal, belonging to, orin the charge or possession of, a railway administration; (e) "superior officer" means any of the officers appointed under section 4 of the RailwayProtection Force Act, 1957 (23 of 1957), and includes any other officer appointed by the CentralGovernment as a superior officer of the force; (f) words and expressions used but not defined in this Act and defined in the Indian RailwaysAct, 1890 (9 of 1890), shall have the meanings respectively assigned to them under that Act.

3.1[Penalty for theft, dishonest misappropriation or unlawful possession of railwayproperty].--2[Whoever commits theft, or dishonestly misappropriates or is found, or is proved] to havebeen, in possession of any railway property reasonably suspected of having been stolen or unlawfullyobtained shall, unless he proves that the railway property came into his possession lawfully, bepunishable-- (a) for the first offence, with imprisonment for a term which may extend to five years, or withfine, or with both and in the absence of special and adequate reasons to be mentioned in the judgmentof the court, such imprisonment shall not be less than one year and such fine shall not be less than onethousand rupees; (b) for the second or a subsequent offence, with imprisonment for a term which may extend tofive years and also with fine and in the absence of special and adequate reasons to be mentioned inthe judgment of the court, such imprisonment shall not be less than two years and such fine shall notbe less than two thousand rupees. 3[Explanation.--For the purposes of this section, "theft" and "dishonest misappropriation" shall havethe same meanings as assigned to them respectively in section 378 and section 403 of the Indian PenalCode (45 of 1860).]

4.1[Punishment for abetment, conspiracy or connivance at offences.]--2[Whoever abets orconspires in the commission of an offence punishable under this Act, or any owner] or occupier of land orbuilding, or any agent of such owner or occupier in charge of the management of that land or building,who wilfully connives at an offence against the provisions of this Act, shall be punishable withimprisonment for a term which may extend to five years, or with fine, or with both. 3[Explanation.--For the purposes of this section, the words "abet" and "conspire" shall have the samemeanings as assigned to them respectively in sections 107 and 120A of the Indian PenalCode (45 of 1860.)]

Notwithstanding anything contained in the Codeof Criminal Procedure, 1898 (5 of 1898), an offence under this Act shall not be cognizable