The Railways Act, 1989 161Chapter XV · Penalties and Offences

Section 161 · Negligently crossing unmanned level crossing

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If any person driving or leading a vehicle is negligent in crossing an unmanned level crossing, he shall be punishable with imprisonment which may extend to one year.

Explanation.-- For the purposes of this section, "negligence" in relation to any person driving or leading a vehicle in crossing an unmanned level crossing means the crossing of such level crossing by such person--

(a) without stopping or caring to stop the vehicle near such level crossing to observe whether any approaching rolling stock is in sight, or

(b) even while an approaching rolling stock is in sight.

The offence at a glance

Maximum punishment
1 year
Cognizable
Non-cognizable
Bailable
Bailable
Compoundable
Not compoundable
Triable by
Any Magistrate
  • Non-cognizable — Police cannot investigate without a Magistrate's order
  • Bailable — Bail is your right — it can be granted at the police station

Derived from the First Schedule Part II rule — not listed section by section

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