Section 3:
Penalty for theft, dishonest misappropriation or unlawful possession of railway property.
3.
1
[Penalty for theft, dishonest misappropriation or unlawful possession of railway
property].--2
[Whoever commits theft, or dishonestly misappropriates or is found, or is proved] to have
been, in possession of any railway property reasonably suspected of having been stolen or unlawfully
obtained shall, unless he proves that the railway property came into his possession lawfully, be
punishable--
(a) for the first offence, with imprisonment for a term which may extend to five years, or with
fine, or with both and in the absence of special and adequate reasons to be mentioned in the judgment
of the court, such imprisonment shall not be less than one year and such fine shall not be less than one
thousand rupees;
(b) for the second or a subsequent offence, with imprisonment for a term which may extend to
five years and also with fine and in the absence of special and adequate reasons to be mentioned in
the judgment of the court, such imprisonment shall not be less than two years and such fine shall not
be less than two thousand rupees.
3
[Explanation.--For the purposes of this section, "theft" and "dishonest misappropriation" shall have
the same meanings as assigned to them respectively in section 378 and section 403 of the Indian Penal
Code (45 of 1860).]
Notes:
1. Subs. by Act 25 of 2012, s. 2, for the marginal heading (w.e.f. 15-8-2012).
2. Subs. by s. 2, ibid., for "Whoever is found, or is proved" (w.e.f. 15-8-2012).
3. Explanation ins. by s. 2, ibid. (w.e.f. 15-8-2012).