Stone pelting on trains is a serious offence in India, posing significant threats to passenger safety and railway property. It not only endangers human lives but also leads to substantial financial losses for the Indian Railways.
Recognizing the severity of this act, the Bhartiya Nyaya Sanhita (BNS) 2023 has stringent legal provisions to penalize those involved in such activities.
Table of Contents
Legal Provisions on Stone Pelting on Trains under BNS 2023
The BNS 2023 replaces the Indian Penal Code (IPC) and includes several sections that specifically address acts like stone pelting on trains. The relevant sections include:
1. Mischief Causing Damage to Railway Property (Section 324, 327)
- Section 324 defines mischief as any act that causes wrongful loss or damage to property. If the act of stone pelting results in the destruction or impairment of railway property, the offender may be punished with:
- Imprisonment for up to one year, or
- A fine, or both.
- If the damage exceeds ₹1 lakh, the punishment increases to five years of imprisonment.
- Section 327 explicitly covers acts intended to destroy or make a railway unsafe. If a person throws stones with the intent to render a train or railway infrastructure unsafe, the punishment can extend up to ten years of imprisonment, along with a fine.
2. Endangering Human Life (Section 125)
- If stone pelting on a train causes risk to human life or personal safety, it falls under Section 125, which prescribes:
- Imprisonment for up to three months, or
- A fine of ₹2,500, or both.
- If the act causes hurt, the imprisonment may extend to six months.
- If grievous hurt is caused, the punishment can extend to three years of imprisonment, along with a fine.
3. Criminal Force and Assault (Section 129, 130)
- If a person intentionally throws a stone at a moving train, hitting a passenger or railway official, it can amount to criminal force under Section 129.
- Section 130 states that making gestures or actions to cause fear of attack can be considered an assault, punishable by imprisonment.
Additional Laws Applicable on Stone Pelting on Trains
Apart from the BNS 2023, the Railways Act, 1989 and the Indian Penal Code also contain provisions for acts of vandalism and endangerment:
The Railways Act, 1989 on Stone Pelting Incidents
The Railways Act, 1989, is the primary law governing railway operations, including offences that endanger railway safety. Stone pelting on trains is a serious offence under this Act, and several sections provide for strict punishment.
Below is a detailed discussion of its applicability.
Endangering Railway Passenger Safety (Section 153)
- Applicability: If stone pelting results in an act that endangers passenger safety, even if no injuries occur, the perpetrator can be prosecuted under this section.
- Punishment:
- Imprisonment for up to five years, or
- A fine, or both.
Maliciously Hurting or Attempting to Hurt Passengers (Section 152)
- Applicability: If a person throws a stone and intentionally hurts a passenger or railway staff, this section applies.
- Punishment:
- Life imprisonment, or
- Imprisonment up to ten years along with a fine.
Unlawful Entry and Obstruction of Railway Operations (Sections 147 & 174)
- Section 147 (Trespass & Unauthorized Entry into Railway Premises)
- If a person enters railway premises (such as platforms, tracks, or depots) to throw stones at trains, they can be prosecuted under this section.
- Punishment: Imprisonment up to six months, or a fine of ₹1,000, or both.
- Section 174 (Obstructing Train Movement or Railway Staff)
- If stone pelting delays a train’s journey or disrupts railway officials from performing their duties, this section applies.
- Punishment: Imprisonment for up to two years, a fine, or both.
Damage to Railway Property (Section 150)
- Applicability: If the act of stone pelting damages railway tracks, train windows, signalling systems, or any other railway asset, it is covered under this section.
- Punishment:
- If damage endangers lives, imprisonment of ten years to life.
- If no threat to life is posed, imprisonment is up to five years or a fine.
Negligent or Rash Acts Endangering Railway Safety (Section 154)
- Applicability: If the person throwing stones does so negligently, without intending harm but still endangers train safety, they can be charged under this section.
- Punishment:
- Imprisonment for up to one year, or
- A fine, or both.
Special Powers of the Railway Protection Force (RPF)
Under the Railways Act, the Railway Protection Force (RPF) has the authority to arrest individuals without a warrant if they are caught in the act of damaging railway property, including stone pelting. The offenders are then handed over to the Government Railway Police (GRP) for further legal proceedings.
Indian Penal Code (IPC), 1860
Stone pelting can also lead to prosecution under several IPC sections:
- Section 307 (Attempt to Murder) – If the act endangers lives or causes serious injury, it may be treated as an attempt to murder. Punishment includes imprisonment for up to 10 years or life imprisonment, along with a fine.
- Section 323 (Voluntarily Causing Hurt) – If someone sustains injuries due to stone pelting, the perpetrator can face imprisonment of up to 1 year, a fine of ₹1,000, or both.
- Section 427 (Mischief Causing Damage) – If railway property sustains damage exceeding ₹50, imprisonment for up to 2 years, a fine, or both may be imposed.
- Sections 336, 337, 338 (Acts Endangering Life or Causing Hurt) – If stone pelting endangers lives or causes injury, the punishment varies from 3 months to 2 years in prison, along with a fine.
The Prevention of Damage to Public Property Act, 1984
This law specifically punishes those who cause damage to public property, including railway infrastructure.
- Section 3: If a person damages public property, including railway stations, tracks, or trains, they can face:
- Up to 5 years of imprisonment, or
- A fine, or both.
- Section 4: If the damage is caused by fire or explosive substances, the punishment can be extended up to 10 years.
Applicability to Stone Pelting
Since railway trains and tracks are public property, stone pelting that damages railway windows, signals, or tracks fall under this law.
The Unlawful Activities (Prevention) Act, 1967 (UAPA)
This law is applicable in cases where stone pelting is linked to organized criminal activities or terrorist acts intended to create fear.
- Section 15 (Terrorist Act): If stone pelting is part of a coordinated attack intended to threaten public safety or disrupt railway operations, it can be considered an act of terrorism.
- Punishment:
- Imprisonment of at least 5 years, which can extend to life imprisonment.
- Fine as decided by the court.
Applicability to Stone Pelting
If the act is carried out by extremist groups or organized criminal gangs to create unrest or disrupt government services, UAPA can be invoked.
The Juvenile Justice (Care and Protection of Children) Act, 2015
In many stone pelting cases, minors are involved, often due to peer pressure or provocation by others. The Juvenile Justice Act deals with crimes committed by children.
- Section 83: If a minor (below 18 years) commits a serious offence like endangering railway passengers through stone pelting, they can be sent to a juvenile justice board for trial.
- Punishment:
- Reformative measures such as counselling, community service, or being sent to a juvenile rehabilitation centre.
- If the child is above 16 years and the offence is serious (e.g., causing injury or death), they can be tried as an adult under BNS 2023.
Applicability to Stone Pelting
If minors are found pelting stones at trains, the law ensures rehabilitation while holding them accountable for their actions.
The National Security Act, 1980 (NSA)
In extreme cases where stone pelting is used as a means to disrupt national security or law and order, authorities can invoke the NSA, which allows preventive detention.
- Under NSA, a person can be detained for up to 12 months without trial if their actions pose a serious threat to public safety.
- This law is rarely used for stone pelting alone, but it can apply if the act is part of a larger conspiracy to create mass unrest or terror.
Applicability to Stone Pelting
If stone pelting on trains is linked to riots, large-scale violence, or sabotage, authorities may detain suspects under NSA to prevent further disturbances.
Conclusion
Stone pelting on trains is not a minor offence but a serious criminal act under the BNS 2023 and the Railways Act, 1989. These laws impose strict penalties to prevent such reckless behaviour and ensure the safety of passengers and railway property.
Public awareness and strict enforcement are crucial to curbing this menace and maintaining the integrity of the railway system.
Frequently Asked Questions (FAQ) on Legal Punishment for Stone Pelting on Trains in India
This FAQ provides information on the legal consequences of stone pelting on trains in India, addressing concerns arising from recent incidents.
Is stone pelting on trains a crime in India?
Yes, stone pelting on trains is a criminal offence in India. It is considered a serious act that endangers passenger safety and causes damage to railway property.
Under which law is a person punished for stone pelting on trains in India?
Individuals involved in stone pelting on trains are primarily punished under Section 153 of the Indian Railways Act. This section deals with “endangering safety of persons travelling by railway by unlawful act or omission.”
What is the punishment for stone pelting on trains under Section 153 of the Indian Railways Act?
Under Section 153 of the Railway Act, if a person is found guilty of endangering the safety of passengers by stone pelting or any other willful act, they can face imprisonment for up to 5 years.
Are there any other sections under which a person can be booked for stone pelting on trains?
Yes, in some cases, individuals may also be booked under Section 147 of the Railway Act, which pertains to “trespass and refusal to depart railway property.”
What are some recent incidents of stone pelting on trains in India?
Recent incidents include:
January 2025: Stones were pelted at the Tapti Ganga Express carrying passengers to the Mahakumbh in Uttar Pradesh, damaging window panes. This incident occurred near Jalgaon, Maharashtra.
November 2024: A windowpane of the Varanasi-bound Vande Bharat Express was damaged by stone pelting in the Bulandshahr district of Uttar Pradesh.
March 2024: Four Vande Bharat trains were targeted in separate stone pelting incidents in Karnataka and Andhra Pradesh.
March 2023: Several incidents of stone pelting on Vande Bharat trains were reported in Telangana, particularly in areas like Kazipet, Khammam, Bhongir, and Eluru-Rajmundry.What actions are being taken to prevent stone pelting incidents?
Railway Protection Force (RPF) and Government Railway Police (GRP) are taking several measures, including:
Increased Vigil: Patrolling vulnerable spots and sections to prevent stone pelting.
Awareness Drives: Conduct awareness campaigns in schools and villages near railway tracks to educate people about the dangers and legal consequences of stone pelting.
Investigation and Arrests: Registering cases, investigating incidents, and arresting culprits involved in stone pelting.What should the public do if they witness stone pelting incidents?
The South Western Railway has appealed to the public to report any incidents of stone pelting or trespassing on the railway helpline number 139.
Why is stone pelting on trains a serious concern?
Stone pelting is a serious concern because:
Endangers Passenger Safety: It can cause injuries to passengers.
Damages Public Property: It leads to damage to railway property, causing financial losses for the railways.
Creates Insecurity: Such incidents create a sense of insecurity among passengers and tarnish the image of the country.What are the common reasons for stone pelting on trains in India?
While the exact motivations can vary, some commonly cited reasons for stone pelting on trains include:
Mischief and Vandalism: In some cases, it is attributed to acts of juvenile delinquency or senseless vandalism without any specific motive.
Protests and Agitations: Stone pelting can be used as a form of protest or to express anger during social unrest or agitations, although this is less common for trains specifically.
Theft and Robbery: In some rare instances, miscreants may pelt stones to stop or slow down trains to facilitate theft or robbery, although this is not the primary motive in most cases.
Lack of Awareness: A lack of awareness about the severe consequences and dangers of stone pelting can also contribute to such incidents, particularly among younger individuals.Is the punishment for stone pelting on trains different for adults and minors?
Yes, the legal treatment of adults and minors (juveniles) differs in India. While adults are tried under the Indian Railways Act in regular courts, minors would be dealt with under the Juvenile Justice (Care and Protection of Children) Act. The juvenile justice system focuses on rehabilitation and reform rather than solely punitive measures.
Does the severity of punishment depend on the damage caused by stone pelting on trains?
While Section 153 of the Indian Railways Act prescribes imprisonment up to 5 years for endangering safety, the actual sentence awarded by the court can depend on various factors, including the extent of damage caused, whether any injuries were inflicted, and the intent behind the act. More severe damage or injuries could potentially lead to stricter sentences within the maximum limit.
Who is typically involved in stone pelting incidents? Are they usually caught?
Reports suggest that individuals involved in stone pelting are often young people or those residing in communities near railway tracks. Railway Protection Force (RPF) and Government Railway Police (GRP) investigate these incidents, register cases, and attempt to apprehend the culprits. However, the success rate of catching perpetrators can vary.
What happens after a person is caught for stone pelting on trains? What is the legal process?
After a person is apprehended for stone pelting, the following general legal process typically occurs:
Registration of FIR: A First Information Report (FIR) is registered by the Railway Police, usually under Section 153 and possibly Section 147 of the Indian Railways Act.
Investigation: The Railway Police investigates the incident, gathers evidence, and records statements.
Arrest and Custody: The accused may be arrested and taken into police custody for questioning and further investigation.
Production before Magistrate: The accused is produced before a Magistrate within 24 hours of arrest.
Bail: The accused can apply for bail. Bail may be granted depending on the nature of the offence and other factors.
Trial: If bail is granted, a trial commences in the appropriate court. The prosecution presents evidence, and the accused has the opportunity to defend themselves.
Judgment and Sentencing: If found guilty, the court pronounces a judgment and determines the sentence, which could include imprisonment and/or fines, as per Section 153 of the Railways Act.How does stone pelting affect train services and railway operations?
Stone pelting incidents can significantly disrupt train services and railway operations in several ways:
Train Delays: Damage to locomotives, coaches, or signalling equipment can lead to delays in train schedules, affecting thousands of passengers.
Operational Costs: Repairing damaged coaches and locomotives incurs significant costs for the railways.
Safety Concerns: Such incidents raise safety concerns among passengers and railway staff, potentially leading to a decrease in passenger confidence and impacting the overall efficiency of railway transport.
Resource Diversion: Railway authorities have to divert resources and manpower to investigate these incidents, conduct awareness campaigns, and enhance security measures, which could be used for other operational improvements.
Read full Railways Act here.