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Union of India - Section

Section 3 in The Railway Property (Unlawful Possession) Act, 1966

3. [ Penalty for theft, dishonest misappropriation or unlawful possession of railway property.] [Marginal heading "Penalty for unlawful possession of railway property" substituted by Act No 25 of 2012.] [Whoever commits theft, or dishonestly misappropriates or is found, or is proved] [Substituted for the words "Whoever is found, or is proved" by Act No. 25 of 2012.], 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.
[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.] [Explanation inserted by Act No. 25 of 2012.]
Form of Charge6
Form of Charge under section 3I,..............(name and office of the Magistrate),hereby charge you..............(name of the accused)as follows:That you, on or about the...............day of..............., at...............were found, or were proved to had in possession of the railway property...............(details of property) reasonably suspected of having been stolen or unlawfully obtained and thereby committed an offence punishable under section 3 of the Railway Property (Unlawful Possession) Act, 1966, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.