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Queen-empress Vs. Ram Pal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in(1898)ILR20All95
AppellantQueen-empress
RespondentRam Pal
Excerpt:
act no. ix of 1890 (indian railways act) sections, 113, 132 - act no. xlv of 1860, sections 40, 64--criminal procedure code, section 33--'offence'--travelling on a railway without a proper ticket--punishment. - - ' the classification is unfortunate, for several of these sections cannot possibly relate to an offence at all, and section 132 shows clearly that acts committed under section 113 are not deemed offences within the technical meaning of that word.knox, j.1. travelling in a train by a passenger without having a proper ticket with him is not an offence under the railway act of 1890. it is true that section 113 together with section 106 and the sections which follow up to as far as section 130 are all placed under a heading of ' other offences.' the classification is unfortunate, for several of these sections cannot possibly relate to an offence at all, and section 132 shows clearly that acts committed under section 113 are not deemed offences within the technical meaning of that word. all the proceedings taken by the assistant magistrate are set aside and the record will be returned.
Judgment:

Knox, J.

1. Travelling in a train by a passenger without having a proper ticket with him is not an offence under the Railway Act of 1890. It is true that Section 113 together with Section 106 and the sections which follow up to as far as Section 130 are all placed under a heading of ' Other offences.' The classification is unfortunate, for several of these sections cannot possibly relate to an offence at all, and Section 132 shows clearly that acts committed under Section 113 are not deemed offences within the technical meaning of that word. All the proceedings taken by the Assistant Magistrate are set aside and the record will be returned.


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