I was arrested under section 143 of the Railways Act (https://indiankanoon.org/doc/1706585/) by the Railway Protection Force (RPF). Basically, I am being framed for selling train tickets from a personal IRCTC ID, and not an agent ID. They confiscated a few tickets and got testimonies against me from a couple of customers stating how I charged them for procuring online train tickets. Generally, upon pleading guilty in such matters, the trial court of the Junior Railways Magistrate levies a nominal fine instead of sending the convict to jail. Yet, it likely constitutes a criminal conviction. My advocate has studied my case and concluded that this is a Warrant Trial in absence of a police report (FIR) based on a complaint made by RPF's Investigating Officer. So the charges will be framed by the Magistrate as the trial runs and the RPF has not filed a chargesheet and has made a complaint. For reference, RPF doesn't have the authority to file chargesheet under section 143 of the Railways Act as concluded by the Chattisgarh High Court in 2014. (https://highcourt.cg.gov.in/Afr/courtJudgementandAFR/2014/Sep/CRR37of4.pdf) Now the issue is that I want to avoid a criminal record as I am a young student. And my advocate is suggesting that since no FIR has been filed, pleading guilty and being fined won't really lead to a criminal background for me. So I am not sure whether I should contest the trial on the merits of the case or I should plead guilty and pay the fine. I seek your learned advice regarding the same. In case I plead guilty and pay the fine: 1) Will it lead to a criminal record and show up when a background check is conducted for me? (Say by an employer or by a landlord for renting purposes) 2) Will it debar me from getting a Visa? For example, Canada debars individuals with a criminal conviction for both minor and serious crimes for up to 10 years. (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html) Thanks for your answers. I will book further discussion calls with the lawyer/s that provide helpful answers here.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
It is a non bailable offense and the punishment would be three years of imprisonment or fine up to ₹ 10000 or with both.
If you apprehend that it may create a permanent scar on your career and sometimes may bring adverse impact in case of background verification of your antecedents, then you may better contest the case and get acquitted on merits.
If you plead guilty and left on fine only it will be deemed conviction. Better you contest the case
section 143 (1) b) provides that any person purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the ticket which he so procures, supplies, purchases, sells or attempts to purchase or sell:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees."
2)Section 143 of Railway Act is bailable in nature.
3)A person in view of the aforementioned provision can be said to have
committed an offence if he has been carrying on a business. The expression
"business" implies continuity.
4) you should pay the fine
5) it would not lead to criminal record and not show up in your back ground check
Dear client, I am sorry to hear that but a case fileld under section 143 of Railways Act is a criminal offense. Hence, it might appear during background check.
Furthermore, Not all crimes are an absolute bar to inadmissibility. In some cases, you may apply to the decision-maker on your case for a waiver (legal forgiveness) allowing you to go forward with your application.
Is it possible for a court to commence a criminal trial where the police have not filed the charge sheet? As per the Chattisgarh High Court judgment that I have attached above, Railway Protection Force isn't authorized to file a charge sheet under Section 173 of the Cr.P.C. for offense punishable under Section143 of the Railways Act. However, my advocate suggests that the RPF hasn't filed a charge sheet in my case. So the aforesaid judgment is not relevant for my case. I understand that a warrant trial can begin even up on a complaint to the judicial magistrate. But is it possible for a criminal trial to proceed when the charge sheet has not been filed by the investigating agency - RPF in my case?
Officer of Railway Protection Force is not entitled to
initiate prosecution by filing chargesheet
under Section 173 of Cr.P.C. for offence punishable
under Section 143 of the Railways Act, 1989.
criminal trial cannot proceed in absence of charge sheet
Generally the court will not commence the trial of the police prosecuted cae without the police filing the charge sheet.
However in a summons case, Summons is a document that orders a person to whom it was sent to appear before the Court and answer the Magistrate on the complaint made against him. It is issued by the Magistrate under Section 204 (1) (a) of Code of criminal procedure code,1973. Summon cases are those in which punishment will not exceed imprisonment for two years. It can be said that summon cases are not of serious nature, so it needs to be decided speedily, without dispensing the requisites of the fair trial.
The definition of the summons case is given in 2(w) in the Code Of Criminal Procedure, 1973; the summons case means a case related to an offense which is not a case of warrant. Procedure of summon case is defined under chapter 20 of Code of criminal procedure. Any offense, punishable with a fine of Rs. 50 /-, then such a case is summons case
Yes they need to file a chargesheet in the same