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Railway Track Crossing (Section147 Railway Act)


21-Feb-2023 (In Criminal Law)
I was caught by RPF for crossing the railway track, and they gave us two options: either pay the railway track crossing fine on the spot or pay it in court when summoned. We decided to pay on the spot, and they made us sign two papers while collecting the railway line crossing fine. They also asked for our name and address. Later, when the magistrate arrived, they took all of us to him, where we paid ₹500 as the crossing railway track fine and were given a receipt. We were then allowed to go.

Now, is crossing a railway track a crime or just a challan? Since I heard that one can be sentenced to prison for up to 4 months, what should be my response to the question: "Have you ever been arrested, prosecuted, or convicted in any court of law in India?"
Is this considered prosecution or conviction?
Answers (1)

Answer #1
861 votes
Dear Sir, this falls under a minor offense where a penalty is imposed for violating rail line crossing fine regulations. Since you were fined by the railway magistrate under the Railway Act, it is considered a prosecution, but not necessarily a conviction in the strict legal sense.

If no jail term was imposed and you only paid a fine, you haven't been arrested or convicted in a manner that affects your legal record significantly. However, if you are concerned, you can approach a higher court such as the Sessions Court or High Court to get the matter formally clarified.

For official documentation, if the form asks about "conviction," you may consider marking 'No', as paying a fine for crossing railway track is usually treated as a minor penalty rather than a criminal conviction.
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