Central

Section 17 of The Railway Protection Force Act, 1957

1[17. Penalties for neglect of duty, etc.-- (1) Without prejudice to the provisions contained in section 9, every enrolled member of the Force who shall be guilty of any violation of duty or wilful breach or neglect of any rule or lawful order made by a superior officer, or who shall withdraw from duties of his office without permission, or who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of the leave, or who engages himself without authority for any employment other than his duty as an enrolled member of the Force, or who shall be guilty of cowardice may be taken into Force custody and shall, on conviction, be punished with imprisonment which may extend to one year.

(2)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1973), an offence punishable under this section shall be cognizable and non-bailable.
(3)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1973), the Central Government may invest Assistant Inspector-General, Senior Commandant or Commandant with the powers of a Magistrate of any class for the purpose of inquiring into or trying any offence committed by an enrolled member of the Force and punishable under this Act, or any offence committed by an enrolled member of the Force against the person or property of another member of the Force: Provided that--
1. (i)when the offender is on leave or absent from duty; or
2. (ii)when the offence is not connected with the offender's duties as an enrolled member of the Force; or
3. (iii)when it is a petty offence even if connected with the offenders duties as an enrolled member of the Force; or
4. (iv)when, for reasons to be recorded in writing, it is not practicable for the Commandant invested with the powers of a Magistrate to inquire into or try the offence, the offence may, if the prescribed authority within the limits of whose jurisdiction the offence has been committed so requires, be inquired into or tried by an ordinary criminal court having jurisdiction in the matter.
(4)Nothing contained in this section shall be construed to prevent any enrolled member of the Force from being prosecuted under any other law for any offence made punishable by that law, or for being liable under any such law to any other or higher penalty or punishment than is provided for such offence by this section: Provided that no person shall be punished twice for the same offence.]

Summary

Enrolled members of the Force can be sent to prison for up to one year if they neglect their duties, disobey lawful orders, or show cowardice.
Members can also be punished under this section if they take leave and fail to return without a good reason, or if they take another job without permission.
These offenses are cognizable, meaning arrests can be made without a warrant, and they are non-bailable.
The Central Government can give certain commanders the power of a Magistrate to try these offenses directly.
Standard criminal courts can still try the offense if the member is on leave, the offense is unrelated to their duties, the offense is petty, or the commander records in writing that a regular court should handle it.
This section operates alongside Section 9, meaning a member can face criminal jail time here in addition to being fired or fined by their boss under Section 9.

Practical examples

1Constable Vikram Singh leaves his assigned security post at the Mumbai Central station without telling anyone to attend a concert on November 15, 2024. He is arrested and could face up to one year in prison for unauthorized absence under Section 17.

2Sub-Inspector Rohan Sharma refuses a direct order to secure a damaged cargo train on January 10, 2025. Under Section 9, his supervisor suspends him and stops his pay, and under Section 17, he is taken into Force custody for willful breach of orders to face criminal charges.

FAQ

1. Can a member get bail if they are arrested for neglecting their duty?

No, Section 17 specifically states that offenses punishable under this section are non-bailable.

2. Does a regular judge have to hear these cases?

Not always. The Central Government can give officers like a Senior Commandant the powers of a Magistrate to try offenses committed by their enrolled members.

3. Can an officer just give a small fine instead of prison time?

Yes, under Section 9, an officer can fine a member up to seven days of pay. However, Section 17 allows for up to one year in prison for severe violations, and these do not cancel each other out.

4. Can a member be punished twice for the exact same offense?

No, Section 17 clearly states that no person shall be punished twice for the same offense.

Test yourself

Q1.Under Section 17 of The Railway Protection Force Act, 1957, what is the maximum prison sentence a member can receive for withdrawing from their duties without permission?

Q2.According to Section 17 of The Railway Protection Force Act, 1957, what is the bail status of offenses committed under this specific section?

Q3.Under Section 17 of The Railway Protection Force Act, 1957, when can an ordinary criminal court try an offense instead of a designated Force commander acting as a Magistrate?

Q4.How does the application of Section 17 of The Railway Protection Force Act, 1957 relate to the disciplinary rules in Section 9 of the same Act?

Q5.Under Section 9 of The Railway Protection Force Act, 1957, what is the maximum fine a superior officer can give a member for careless duty before considering the criminal charges of Section 17?

16APreviousSection 16A Surrender of certificate, arms, etc., by persons ceasing to be members of the Force.18NextSection 18 Application of Act 22 of 1922 to members of the Force.

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