Transport Act, 1950

Penalty for trespass on railways of the Board.

59.—(1) If any person trespasses on any of the railways of or worked by, the Board, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

(2) Where a person is charged with an offence under this section in respect of a trespass—

(a) the fact that he had not received a personal warning shall not be a ground of defence,

(b) he shall not, in any case, be convicted of the offence unless the Board proves to the satisfaction of the Court that, at the date of the trespass there was affixed at the station of the Board and at the level crossing nearest to the spot where the trespass is alleged to have been committed, a notice (painted on boards or printed, painted or enamelled, on iron or any other material) in legible characters warning persons not to trespass on the railways of the Board.

(3) No person lawfully crossing the railway of the Board at any level crossing or by means of any accommodation works maintained in pursuance of section 68 of the Railways' Clauses Consolidation Act, 1845 , shall be liable to any fine under this section.

(4) An offence under this section may be prosecuted by the Board.